81_FR_41925 81 FR 41801 - Civil Penalty Inflation Adjustment

81 FR 41801 - Civil Penalty Inflation Adjustment

DEPARTMENT OF THE INTERIOR
Bureau of Safety and Environmental Enforcement

Federal Register Volume 81, Issue 124 (June 28, 2016)

Page Range41801-41803
FR Document2016-15157

This rule adjusts the level of the civil monetary penalty contained in the Bureau of Safety and Environmental Enforcement (BSEE) regulations pursuant to the Outer Continental Shelf Lands Act (OCSLA), the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, and Office of Management and Budget (OMB) guidance.

Federal Register, Volume 81 Issue 124 (Tuesday, June 28, 2016)
[Federal Register Volume 81, Number 124 (Tuesday, June 28, 2016)]
[Rules and Regulations]
[Pages 41801-41803]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-15157]



[[Page 41801]]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

Bureau of Safety and Environmental Enforcement

30 CFR Part 250

[Docket ID: BSEE-2016-0010; 16XE1700DX EX1SF0000.DAQ000 EEEE50000]
RIN 1014-AA30


Civil Penalty Inflation Adjustment

AGENCY: Bureau of Safety and Environmental Enforcement, Interior.

ACTION: Interim final rule.

-----------------------------------------------------------------------

SUMMARY: This rule adjusts the level of the civil monetary penalty 
contained in the Bureau of Safety and Environmental Enforcement (BSEE) 
regulations pursuant to the Outer Continental Shelf Lands Act (OCSLA), 
the Federal Civil Penalties Inflation Adjustment Act Improvements Act 
of 2015, and Office of Management and Budget (OMB) guidance.

DATES: This rule is effective on July 28, 2016. Comments will be 
accepted until August 29, 2016.

ADDRESSES: You may submit comments by any of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Search for Docket No. [BSEE-2016-0010] and follow the instructions for 
submitting comments.
     Mail, Hand Delivery, or Courier: David Fish, Acting Chief 
Safety and Enforcement Division, Bureau of Safety and Environmental 
Enforcement, 1849 C Street NW., Washington, DC 20240.

FOR FURTHER INFORMATION CONTACT: David Fish, Acting Chief Safety and 
Enforcement Division, Bureau of Safety and Environmental Enforcement, 
(202) 208-3955 or by email: [email protected].

SUPPLEMENTARY INFORMATION:

I. Background
II. Calculation of Adjustment
III. Procedural Requirements
    A. Regulatory Planning and Review (E.O. 12866)
    B. Regulatory Flexibility Act
    C. Small Business Regulatory Enforcement Fairness Act
    D. Unfunded Mandates Reform Act
    E. Takings (E.O. 12630)
    F. Federalism (E.O. 13132)
    G. Civil Justice Reform (E.O. 12988)
    H. Consultation With Indian Tribes (E.O. 13175 and Departmental 
policy)
    I. Paperwork Reduction Act
    J. National Environmental Policy Act
    K. Effects on the Energy Supply (E.O. 13211)
    L. Clarity of This Regulation
    M. Administrative Procedure Act

I. Background

    The Outer Continental Shelf Lands Act (OCSLA) directs the Secretary 
of the Interior to adjust the OCSLA maximum civil penalty amount at 
least once every three years to reflect any increase in the Consumer 
Price Index (CPI) to account for inflation. (43 U.S.C. Sec.  
1350(b)(1). The Federal Civil Penalties Inflation Adjustment Act of 
1990 (Pub. L. 104-410) (FCPIA of 1990) required that all civil monetary 
penalties, including the OCSLA maximum civil penalty amount, be 
adjusted at least once every 4 years. Pursuant to OCSLA and the FCPIA 
of 1990, the OCSLA maximum civil penalty amount was last adjusted in 
2011. (76 FR 38294, June 30, 2011). In 2014 and 2015, BSEE performed 
computations to determine if it should increase the current OCSLA 
maximum civil penalty amount to account for inflation. After running 
the computations, BSEE determined that adjustments of the OCSLA maximum 
civil penalty amount were not warranted in 2014 and 2015.
    On November 2, 2015, the President signed into law the Federal 
Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (Sec. 
701 of Public Law 114-74) (FCPIA of 2015). The FCPIA of 2015 requires 
Federal agencies to adjust the level of civil monetary penalties with 
an initial ``catch-up'' adjustment, if warranted, through rulemaking, 
and then to make subsequent annual adjustments for inflation. The 
purpose of these adjustments is to maintain the deterrent effect of 
civil penalties and to further the policy goals of the underlying 
statutes.
    Pursuant to OCSLA and the FCPIA of 2015, this rule adjusts the 
following maximum civil monetary penalty per day per violation:

----------------------------------------------------------------------------------------------------------------
                                                                                                     Adjusted
           CFR citation                 Description of the     Current maximum     Multiplier        maximum
                                             penalty                penalty                          penalty
----------------------------------------------------------------------------------------------------------------
30 CFR 250.1403...................  Failure to comply per day         $40,000          1.05042          $42,017
----------------------------------------------------------------------------------------------------------------

II. Calculation of Adjustment

    The OMB issued guidance on calculating the civil monetary penalty 
adjustments pursuant to the FCPIA of 2015. (February 24, 2016, 
Memorandum for the Heads of Executive Departments and Agencies, from 
Shaun Donovan, Director, Office of Management and Budget, re: 
Implementation of the Federal Civil Penalties Inflation Adjustment Act 
Improvements Act of 2015.) Under this guidance, the Department of the 
Interior has identified applicable civil monetary penalties and 
calculated the necessary adjustments. A civil monetary penalty is any 
assessment with a dollar amount that is levied for a violation of a 
Federal civil statute or regulation, and is assessed or enforceable 
through a civil action in Federal court or an administrative 
proceeding. A civil monetary penalty does not include a penalty levied 
for violation of a criminal statute, or fees for services, licenses, 
permits, or other regulatory review activities. The calculated 
adjustment is based on the percent change between the CPI for all Urban 
Consumers for the month of October in the year of the previous 
adjustment (or in the year of establishment, if no adjustment has been 
made) and the October 2015 CPI.
    For 2016, OCSLA and the FCPIA of 2015 required that BSEE adjust the 
OCSLA maximum civil penalty amount and provide for timing of the 
adjustment. In computing the new OCSLA maximum civil penalty amount, 
since BSEE last adjusted that amount in 2011, BSEE divided the October 
2015 CPI by the October 2011 CPI (237.8/226.4). This resulted in a 
multiplying factor of 1.05042. The existing maximum civil penalty 
amount ($40,000) was then multiplied by the multiplying factor (40,000 
x 1.05042 = 42,016.8). The FCPIA of 2015 requires that the OCSLA 
maximum civil penalty amount be rounded to the nearest $1.00 at the end 
of the calculation process. Accordingly, the adjusted OCSLA maximum 
civil penalty is $42,017. This new OCSLA maximum civil penalty amount 
does not exceed 150 percent of the OCSLA maximum civil penalty amount 
as of November 2, 2015, as stipulated by the FCPIA of 2015. Also, 
pursuant to the FCPIA of 2015, the increase in the OCSLA maximum civil 
penalty amount applies to civil penalties assessed after the date the 
increase takes effect, even when the associated violation(s) predate 
such increase.

[[Page 41802]]

III. Procedural Requirements

A. Regulatory Planning and Review (E.O. 12866 and 13563)

    Executive Order (E.O) 12866 provides that the Office of Information 
and Regulatory Affairs in the OMB will review all significant rules. 
The Office of Information and Regulatory Affairs has determined that 
this rule is not significant.
    E.O. 13563 reaffirms the principles of E.O. 12866 while calling for 
improvements in the nation's regulatory system to promote 
predictability, to reduce uncertainty, and to use the best, most 
innovative, and least burdensome tools for achieving regulatory ends. 
The executive order directs agencies to consider regulatory approaches 
that reduce burdens and maintain flexibility and freedom of choice for 
the public where these approaches are relevant, feasible, and 
consistent with regulatory objectives. E.O. 13563 emphasizes further 
that regulations must be based on the best available science and that 
the rulemaking process must allow for public participation and an open 
exchange of ideas. We have developed this rule in a manner consistent 
with these requirements.

B. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) requires an agency to prepare 
a regulatory flexibility analysis for all rules unless the agency 
certifies that the rule will not have a significant economic impact on 
a substantial number of small entities. The RFA applies only to rules 
for which an agency is required to first publish a proposed rule. (See 
5 U.S.C 603 (a) and 604 (a).) The Federal Civil Penalties Adjustment 
Act of 2015 requires agencies to adjust civil penalties with an initial 
catch-up adjustment through an interim final rule. An interim final 
rule does not include first publishing a proposed rule. Thus the RFA 
does not apply to this rulemaking.

C. Small Business Regulatory Enforcement Fairness Act

    This rule is not a major rule under 5 U.S.C. 804(2), the Small 
Business Regulatory Enforcement Fairness Act. This rule:
    (1) Will not have an annual effect on the economy of $100 million 
or more.
    (2) Will not cause a major increase in costs or prices for 
consumers, individual industries, Federal, State, or local government 
agencies, or geographic regions.
    (3) Will not have significant adverse effects on competition, 
employment, investment, productivity, innovation, or the ability of 
U.S.-based enterprises to compete with foreign-based enterprises.

D. Unfunded Mandates Reform Act

    This rule will not impose an unfunded mandate on State, local, or 
tribal governments, or the private sector of more than $100 million per 
year. The rule will not have a significant or unique effect on State, 
local, or tribal governments or the private sector. A statement 
containing the information required by the Unfunded Mandates Reform Act 
(2 U.S.C. 1531 et seq.) is not required.

E. Takings (E.O. 12630)

    This rule will not affect a taking of private property or otherwise 
have takings implications under E.O. 12630. A takings implication 
assessment is not required.

F. Federalism (E.O. 13132)

    Under the criteria in section 1 of E.O. 13132, this rule will not 
have sufficient federalism implications to warrant the preparation of a 
federalism summary impact statement. A federalism summary impact 
statement is not required.

G. Civil Justice Reform (E.O. 12988)

    This rule complies with the requirements of E.O. 12988. 
Specifically, this rule:
    (1) Meets the criteria of section 3(a) requiring that all 
regulations be reviewed to eliminate errors and ambiguity and be 
written to minimize litigation; and
    (2) Meets the criteria of section 3(b)(2) requiring that all 
regulations be written in clear language and contain clear legal 
standards.

H. Consultation With Indian Tribes (E.O. 13175 and Departmental Policy)

    The Department of the Interior strives to strengthen its 
government-to-government relationship with Indian tribes through a 
commitment to consultation with Indian tribes and recognition of their 
right to self-governance and tribal sovereignty. We have evaluated this 
rule under the Department of the Interior's consultation policy, under 
Departmental Manual Part 512 Chapters 4 and 5, and under the criteria 
in E.O. 13175, and have determined that it has no substantial direct 
effects on federally recognized Indian tribes and that, consultation 
under the Department of the Interior's tribal consultation policy is 
not required.

I. Paperwork Reduction Act

    This rule does not contain information collection requirements, and 
a submission to the OMB under the Paperwork Reduction Act (44 U.S.C. 
3501 et seq.) is not required. We may not conduct or sponsor, and you 
are not required to respond to, a collection of information unless it 
displays a currently valid OMB control number.

J. National Environmental Policy Act

    This rule does not constitute a major Federal action significantly 
affecting the quality of the human environment. A detailed statement 
under the National Environmental Policy Act of 1969 (NEPA) is not 
required because the rule is covered by a categorical exclusion (see 43 
CFR 46.210(i).) This rule is excluded from the requirement to prepare a 
detailed statement because it is a regulation of an administrative 
nature. We have also determined that the rule does not involve any of 
the extraordinary circumstances listed in 43 CFR 46.215 that would 
require further analysis under NEPA.

K. Effects on the Energy Supply (E.O. 13211)

    This rule is not a significant energy action under the definition 
in E.O. 13211. A Statement of Energy Effects is not required.

L. Clarity of This Regulation

    We are required by E.O.s 12866 (section 1(b)(12)), 12988 (section 
3(b)(1)(B)), and 13563 (section 1(a)), and by the Presidential 
Memorandum of June 1, 1998, to write all rules in plain language. This 
means that each rule we publish must:
    (1) Be logically organized;
    (2) Use the active voice to address readers directly;
    (3) Use common, everyday words and clear language rather than 
jargon;
    (4) Be divided into short sections and sentences; and
    (5) Use lists and tables wherever possible.
    If you feel that we have not met these requirements, send us 
comments by one of the methods listed in the ADDRESSES section. To 
better help us revise the rule, your comments should be as specific as 
possible. For example, you should tell us the numbers of the sections 
or paragraphs that you find unclear, which sections or sentences are 
too long, the sections where you feel lists or tables would be useful, 
etc.

M. Administrative Procedure Act

    The FCPIA of 2015 requires agencies to publish interim final rules 
by July 1, 2016, with an effective date for the adjusted penalties of 
no later than August 1, 2016. To comply with the FCPIA of 2015, we are 
issuing these

[[Page 41803]]

regulations as an interim final rule and are requesting comments post-
promulgation. The Administrative Procedure Act (APA) provides that, 
when an agency for good cause finds that ``notice and public procedure 
. . . are impracticable, unnecessary, or contrary to the public 
interest,'' the agency may issue a rule without providing notice and an 
opportunity for prior public comment (5 U.S.C. 553(b).) BSEE finds that 
there is good cause to promulgate this rule without first providing the 
public comment. It would not be possible to meet the deadlines imposed 
by the FCPIA of 2015 if we were to first publish a proposed rule, allow 
the public sufficient time to submit comments, analyze the comments, 
and publish a final rule. Also, BSEE is promulgating this interim final 
rule to implement the statutory directive in the FCPIA of 2015, which 
requires agencies to publish an interim final rule and to update the 
civil penalty amounts by applying a specified formula. BSEE has no 
discretion to vary the amount of the adjustment to reflect any views or 
suggestions provided by commenters, so notice and comment is 
unnecessary. Accordingly, it would serve no purpose to provide an 
opportunity for pre-promulgation public comment on this rule.
    Thus, BSEE finds pre-promulgation notice and public comment to be 
impracticable and unnecessary.

List of Subjects in 30 CFR Part 250

    Administrative practice and procedure, Continental shelf, 
Environmental impact statements, Environmental protection, Government 
contracts, Investigations, Oil and gas exploration, Penalties, 
Pipelines, Public lands--mineral resources, Public lands--rights-of-
way, Reporting and recordkeeping requirements, Sulfur.

    For the reasons given in the preamble, the Bureau of Safety and 
Environmental Enforcement amends Title 30, Chapter II, Subchapter B, 
Part 250 Code of Federal Regulations as follows.

PART 250--OIL AND GAS AND SULPHUR OPERATIONS IN THE OUTER 
CONTINENTAL SHELF

0
1. The authority citation for 30 CFR part 250 is revised to read as 
follows:

    Authority:  30 U.S.C. 1751, 31 U.S.C. 9701, 43 U.S.C. 1334 and 
Sec. 107, Pub. L. 114-74, 129 Stat. 599, unless otherwise noted.


0
2. Revise Sec.  250.1403 to read as follows:


Sec.  250.1403  What is the maximum civil penalty?

    The maximum civil penalty is $42,017 per day per violation.

Janice M. Schneider,
Assistant Secretary, Land and Minerals Management.
[FR Doc. 2016-15157 Filed 6-27-16; 8:45 am]
 BILLING CODE 4310-MR-P



                                                                      Federal Register / Vol. 81, No. 124 / Tuesday, June 28, 2016 / Rules and Regulations                                                  41801

                                                  DEPARTMENT OF THE INTERIOR                                 Enforcement Division, Bureau of Safety                        410) (FCPIA of 1990) required that all
                                                                                                             and Environmental Enforcement, 1849 C                         civil monetary penalties, including the
                                                  Bureau of Safety and Environmental                         Street NW., Washington, DC 20240.                             OCSLA maximum civil penalty amount,
                                                  Enforcement                                                FOR FURTHER INFORMATION CONTACT:                              be adjusted at least once every 4 years.
                                                                                                             David Fish, Acting Chief Safety and                           Pursuant to OCSLA and the FCPIA of
                                                  30 CFR Part 250                                            Enforcement Division, Bureau of Safety                        1990, the OCSLA maximum civil
                                                  [Docket ID: BSEE–2016–0010; 16XE1700DX
                                                                                                             and Environmental Enforcement, (202)                          penalty amount was last adjusted in
                                                  EX1SF0000.DAQ000 EEEE50000]                                208–3955 or by email: regs@bsee.gov.                          2011. (76 FR 38294, June 30, 2011). In
                                                                                                             SUPPLEMENTARY INFORMATION:                                    2014 and 2015, BSEE performed
                                                  RIN 1014–AA30                                                                                                            computations to determine if it should
                                                                                                             I. Background
                                                                                                             II. Calculation of Adjustment                                 increase the current OCSLA maximum
                                                  Civil Penalty Inflation Adjustment                         III. Procedural Requirements                                  civil penalty amount to account for
                                                  AGENCY:  Bureau of Safety and                                 A. Regulatory Planning and Review (E.O.                    inflation. After running the
                                                  Environmental Enforcement, Interior.                             12866)                                                  computations, BSEE determined that
                                                                                                                B. Regulatory Flexibility Act                              adjustments of the OCSLA maximum
                                                  ACTION: Interim final rule.                                   C. Small Business Regulatory Enforcement
                                                                                                                                                                           civil penalty amount were not
                                                                                                                   Fairness Act
                                                  SUMMARY:   This rule adjusts the level of                     D. Unfunded Mandates Reform Act                            warranted in 2014 and 2015.
                                                  the civil monetary penalty contained in                       E. Takings (E.O. 12630)                                       On November 2, 2015, the President
                                                  the Bureau of Safety and Environmental                        F. Federalism (E.O. 13132)                                 signed into law the Federal Civil
                                                  Enforcement (BSEE) regulations                                G. Civil Justice Reform (E.O. 12988)                       Penalties Inflation Adjustment Act
                                                  pursuant to the Outer Continental Shelf                       H. Consultation With Indian Tribes (E.O.
                                                                                                                   13175 and Departmental policy)                          Improvements Act of 2015 (Sec. 701 of
                                                  Lands Act (OCSLA), the Federal Civil                                                                                     Public Law 114–74) (FCPIA of 2015).
                                                                                                                I. Paperwork Reduction Act
                                                  Penalties Inflation Adjustment Act                            J. National Environmental Policy Act                       The FCPIA of 2015 requires Federal
                                                  Improvements Act of 2015, and Office of                       K. Effects on the Energy Supply (E.O.                      agencies to adjust the level of civil
                                                  Management and Budget (OMB)                                      13211)                                                  monetary penalties with an initial
                                                  guidance.                                                     L. Clarity of This Regulation                              ‘‘catch-up’’ adjustment, if warranted,
                                                                                                                M. Administrative Procedure Act                            through rulemaking, and then to make
                                                  DATES: This rule is effective on July 28,
                                                  2016. Comments will be accepted until                      I. Background                                                 subsequent annual adjustments for
                                                  August 29, 2016.                                              The Outer Continental Shelf Lands                          inflation. The purpose of these
                                                  ADDRESSES: You may submit comments                         Act (OCSLA) directs the Secretary of the                      adjustments is to maintain the deterrent
                                                  by any of the following methods:                           Interior to adjust the OCSLA maximum                          effect of civil penalties and to further
                                                    • Federal eRulemaking Portal: http://                    civil penalty amount at least once every                      the policy goals of the underlying
                                                  www.regulations.gov. Search for Docket                     three years to reflect any increase in the                    statutes.
                                                  No. [BSEE–2016–0010] and follow the                        Consumer Price Index (CPI) to account                            Pursuant to OCSLA and the FCPIA of
                                                  instructions for submitting comments.                      for inflation. (43 U.S.C. § 1350(b)(1). The                   2015, this rule adjusts the following
                                                    • Mail, Hand Delivery, or Courier:                       Federal Civil Penalties Inflation                             maximum civil monetary penalty per
                                                  David Fish, Acting Chief Safety and                        Adjustment Act of 1990 (Pub. L. 104–                          day per violation:

                                                                                                                                                                            Current                     Adjusted
                                                            CFR citation                                       Description of the penalty                                  maximum        Multiplier    maximum
                                                                                                                                                                            penalty                      penalty

                                                  30 CFR 250.1403 ...................   Failure to comply per day ......................................................   $40,000        1.05042        $42,017



                                                  II. Calculation of Adjustment                              does not include a penalty levied for                         ($40,000) was then multiplied by the
                                                                                                             violation of a criminal statute, or fees for                  multiplying factor (40,000 × 1.05042 =
                                                    The OMB issued guidance on                               services, licenses, permits, or other                         42,016.8). The FCPIA of 2015 requires
                                                  calculating the civil monetary penalty                     regulatory review activities. The                             that the OCSLA maximum civil penalty
                                                  adjustments pursuant to the FCPIA of                       calculated adjustment is based on the                         amount be rounded to the nearest $1.00
                                                  2015. (February 24, 2016, Memorandum                       percent change between the CPI for all                        at the end of the calculation process.
                                                  for the Heads of Executive Departments                     Urban Consumers for the month of                              Accordingly, the adjusted OCSLA
                                                  and Agencies, from Shaun Donovan,                          October in the year of the previous                           maximum civil penalty is $42,017. This
                                                  Director, Office of Management and                         adjustment (or in the year of
                                                  Budget, re: Implementation of the                                                                                        new OCSLA maximum civil penalty
                                                                                                             establishment, if no adjustment has
                                                  Federal Civil Penalties Inflation                                                                                        amount does not exceed 150 percent of
                                                                                                             been made) and the October 2015 CPI.
                                                  Adjustment Act Improvements Act of                           For 2016, OCSLA and the FCPIA of                            the OCSLA maximum civil penalty
                                                  2015.) Under this guidance, the                            2015 required that BSEE adjust the                            amount as of November 2, 2015, as
                                                  Department of the Interior has identified                  OCSLA maximum civil penalty amount                            stipulated by the FCPIA of 2015. Also,
                                                  applicable civil monetary penalties and                    and provide for timing of the                                 pursuant to the FCPIA of 2015, the
asabaliauskas on DSK3SPTVN1PROD with RULES




                                                  calculated the necessary adjustments. A                    adjustment. In computing the new                              increase in the OCSLA maximum civil
                                                  civil monetary penalty is any                              OCSLA maximum civil penalty amount,                           penalty amount applies to civil
                                                  assessment with a dollar amount that is                    since BSEE last adjusted that amount in                       penalties assessed after the date the
                                                  levied for a violation of a Federal civil                  2011, BSEE divided the October 2015                           increase takes effect, even when the
                                                  statute or regulation, and is assessed or                  CPI by the October 2011 CPI (237.8/                           associated violation(s) predate such
                                                  enforceable through a civil action in                      226.4). This resulted in a multiplying                        increase.
                                                  Federal court or an administrative                         factor of 1.05042. The existing
                                                  proceeding. A civil monetary penalty                       maximum civil penalty amount


                                             VerDate Sep<11>2014   17:12 Jun 27, 2016   Jkt 238001   PO 00000      Frm 00015     Fmt 4700     Sfmt 4700    E:\FR\FM\28JNR1.SGM   28JNR1


                                                  41802              Federal Register / Vol. 81, No. 124 / Tuesday, June 28, 2016 / Rules and Regulations

                                                  III. Procedural Requirements                            the ability of U.S.-based enterprises to               and a submission to the OMB under the
                                                                                                          compete with foreign-based enterprises.                Paperwork Reduction Act (44 U.S.C.
                                                  A. Regulatory Planning and Review
                                                                                                                                                                 3501 et seq.) is not required. We may
                                                  (E.O. 12866 and 13563)                                  D. Unfunded Mandates Reform Act
                                                                                                                                                                 not conduct or sponsor, and you are not
                                                    Executive Order (E.O) 12866 provides                     This rule will not impose an                        required to respond to, a collection of
                                                  that the Office of Information and                      unfunded mandate on State, local, or                   information unless it displays a
                                                  Regulatory Affairs in the OMB will                      tribal governments, or the private sector              currently valid OMB control number.
                                                  review all significant rules. The Office                of more than $100 million per year. The
                                                  of Information and Regulatory Affairs                   rule will not have a significant or                    J. National Environmental Policy Act
                                                  has determined that this rule is not                    unique effect on State, local, or tribal                  This rule does not constitute a major
                                                  significant.                                            governments or the private sector. A                   Federal action significantly affecting the
                                                    E.O. 13563 reaffirms the principles of                statement containing the information                   quality of the human environment. A
                                                  E.O. 12866 while calling for                            required by the Unfunded Mandates                      detailed statement under the National
                                                  improvements in the nation’s regulatory                 Reform Act (2 U.S.C. 1531 et seq.) is not              Environmental Policy Act of 1969
                                                  system to promote predictability, to                    required.                                              (NEPA) is not required because the rule
                                                  reduce uncertainty, and to use the best,                E. Takings (E.O. 12630)                                is covered by a categorical exclusion
                                                  most innovative, and least burdensome                                                                          (see 43 CFR 46.210(i).) This rule is
                                                  tools for achieving regulatory ends. The                  This rule will not affect a taking of                excluded from the requirement to
                                                  executive order directs agencies to                     private property or otherwise have                     prepare a detailed statement because it
                                                  consider regulatory approaches that                     takings implications under E.O. 12630.                 is a regulation of an administrative
                                                  reduce burdens and maintain flexibility                 A takings implication assessment is not                nature. We have also determined that
                                                  and freedom of choice for the public                    required.                                              the rule does not involve any of the
                                                  where these approaches are relevant,                    F. Federalism (E.O. 13132)                             extraordinary circumstances listed in 43
                                                  feasible, and consistent with regulatory                                                                       CFR 46.215 that would require further
                                                                                                            Under the criteria in section 1 of E.O.
                                                  objectives. E.O. 13563 emphasizes                                                                              analysis under NEPA.
                                                                                                          13132, this rule will not have sufficient
                                                  further that regulations must be based
                                                                                                          federalism implications to warrant the                 K. Effects on the Energy Supply (E.O.
                                                  on the best available science and that
                                                                                                          preparation of a federalism summary                    13211)
                                                  the rulemaking process must allow for
                                                                                                          impact statement. A federalism
                                                  public participation and an open                                                                                 This rule is not a significant energy
                                                                                                          summary impact statement is not
                                                  exchange of ideas. We have developed                                                                           action under the definition in E.O.
                                                                                                          required.
                                                  this rule in a manner consistent with                                                                          13211. A Statement of Energy Effects is
                                                  these requirements.                                     G. Civil Justice Reform (E.O. 12988)                   not required.
                                                  B. Regulatory Flexibility Act                              This rule complies with the                         L. Clarity of This Regulation
                                                                                                          requirements of E.O. 12988.
                                                    The Regulatory Flexibility Act (RFA)                  Specifically, this rule:                                  We are required by E.O.s 12866
                                                  requires an agency to prepare a                            (1) Meets the criteria of section 3(a)              (section 1(b)(12)), 12988 (section
                                                  regulatory flexibility analysis for all                 requiring that all regulations be                      3(b)(1)(B)), and 13563 (section 1(a)), and
                                                  rules unless the agency certifies that the              reviewed to eliminate errors and                       by the Presidential Memorandum of
                                                  rule will not have a significant                        ambiguity and be written to minimize                   June 1, 1998, to write all rules in plain
                                                  economic impact on a substantial                        litigation; and                                        language. This means that each rule we
                                                  number of small entities. The RFA                          (2) Meets the criteria of section 3(b)(2)           publish must:
                                                  applies only to rules for which an                      requiring that all regulations be written                 (1) Be logically organized;
                                                  agency is required to first publish a                   in clear language and contain clear legal                 (2) Use the active voice to address
                                                  proposed rule. (See 5 U.S.C 603 (a) and                 standards.                                             readers directly;
                                                  604 (a).) The Federal Civil Penalties                                                                             (3) Use common, everyday words and
                                                  Adjustment Act of 2015 requires                         H. Consultation With Indian Tribes                     clear language rather than jargon;
                                                  agencies to adjust civil penalties with an              (E.O. 13175 and Departmental Policy)                      (4) Be divided into short sections and
                                                  initial catch-up adjustment through an                     The Department of the Interior strives              sentences; and
                                                  interim final rule. An interim final rule               to strengthen its government-to-                          (5) Use lists and tables wherever
                                                  does not include first publishing a                     government relationship with Indian                    possible.
                                                  proposed rule. Thus the RFA does not                    tribes through a commitment to                            If you feel that we have not met these
                                                  apply to this rulemaking.                               consultation with Indian tribes and                    requirements, send us comments by one
                                                                                                          recognition of their right to self-                    of the methods listed in the ADDRESSES
                                                  C. Small Business Regulatory                            governance and tribal sovereignty. We                  section. To better help us revise the
                                                  Enforcement Fairness Act                                have evaluated this rule under the                     rule, your comments should be as
                                                     This rule is not a major rule under 5                Department of the Interior’s                           specific as possible. For example, you
                                                  U.S.C. 804(2), the Small Business                       consultation policy, under Departmental                should tell us the numbers of the
                                                  Regulatory Enforcement Fairness Act.                    Manual Part 512 Chapters 4 and 5, and                  sections or paragraphs that you find
                                                  This rule:                                              under the criteria in E.O. 13175, and                  unclear, which sections or sentences are
                                                     (1) Will not have an annual effect on                have determined that it has no                         too long, the sections where you feel
                                                  the economy of $100 million or more.                    substantial direct effects on federally                lists or tables would be useful, etc.
asabaliauskas on DSK3SPTVN1PROD with RULES




                                                     (2) Will not cause a major increase in               recognized Indian tribes and that,
                                                  costs or prices for consumers,                                                                                 M. Administrative Procedure Act
                                                                                                          consultation under the Department of
                                                  individual industries, Federal, State, or               the Interior’s tribal consultation policy                The FCPIA of 2015 requires agencies
                                                  local government agencies, or                           is not required.                                       to publish interim final rules by July 1,
                                                  geographic regions.                                                                                            2016, with an effective date for the
                                                     (3) Will not have significant adverse                I. Paperwork Reduction Act                             adjusted penalties of no later than
                                                  effects on competition, employment,                        This rule does not contain                          August 1, 2016. To comply with the
                                                  investment, productivity, innovation, or                information collection requirements,                   FCPIA of 2015, we are issuing these


                                             VerDate Sep<11>2014   16:05 Jun 27, 2016   Jkt 238001   PO 00000   Frm 00016   Fmt 4700   Sfmt 4700   E:\FR\FM\28JNR1.SGM   28JNR1


                                                                     Federal Register / Vol. 81, No. 124 / Tuesday, June 28, 2016 / Rules and Regulations                                         41803

                                                  regulations as an interim final rule and                § 250.1403    What is the maximum civil                outcome; and attend the Department of
                                                  are requesting comments post-                           penalty?                                               Labor Employment Workshop
                                                  promulgation. The Administrative                          The maximum civil penalty is                         (DOLEW), which focuses on the
                                                  Procedure Act (APA) provides that,                      $42,017 per day per violation.                         mechanics of resume writing,
                                                  when an agency for good cause finds                                                                            networking, job search skills, interview
                                                                                                          Janice M. Schneider,
                                                  that ‘‘notice and public procedure . . .                                                                       skills, and labor market research.
                                                                                                          Assistant Secretary, Land and Minerals
                                                  are impracticable, unnecessary, or                      Management.                                            DATES: Effective date: This rule is
                                                  contrary to the public interest,’’ the                                                                         effective September 1, 2016.
                                                                                                          [FR Doc. 2016–15157 Filed 6–27–16; 8:45 am]
                                                  agency may issue a rule without                                                                                FOR FURTHER INFORMATION CONTACT: Ron
                                                                                                          BILLING CODE 4310–MR–P
                                                  providing notice and an opportunity for                                                                        Horne, 703–614–8631.
                                                  prior public comment (5 U.S.C. 553(b).)                                                                        SUPPLEMENTARY INFORMATION:
                                                  BSEE finds that there is good cause to                                                                            The TAP prepares all eligible
                                                  promulgate this rule without first                      DEPARTMENT OF DEFENSE
                                                                                                                                                                 members of the Military Services for a
                                                  providing the public comment. It would                                                                         transition to civilian life; enables
                                                                                                          Office of the Secretary
                                                  not be possible to meet the deadlines                                                                          eligible Service members to meet the
                                                  imposed by the FCPIA of 2015 if we                      32 CFR Part 88                                         CRS as required by this rule; and is the
                                                  were to first publish a proposed rule,                                                                         overarching program that provides
                                                  allow the public sufficient time to                     [Docket ID: DOD–2013–OS–0236]                          transition assistance, information,
                                                  submit comments, analyze the                                                                                   training, and services to eligible
                                                                                                          RIN 0790–AJ17
                                                  comments, and publish a final rule.                                                                            transitioning Service members to
                                                  Also, BSEE is promulgating this interim                 Transition Assistance Program (TAP)                    prepare them to be career ready when
                                                  final rule to implement the statutory                   for Military Personnel                                 they transition back to civilian life.
                                                  directive in the FCPIA of 2015, which                                                                             Spouses of eligible Service members
                                                  requires agencies to publish an interim                 AGENCY:  Under Secretary of Defense for                are entitled to the DOLEW, job
                                                  final rule and to update the civil penalty              Personnel and Readiness, DoD.                          placement counseling, DoD/VA-
                                                  amounts by applying a specified                         ACTION: Final rule.                                    administered survivor information,
                                                  formula. BSEE has no discretion to vary                                                                        financial planning assistance, transition
                                                  the amount of the adjustment to reflect                 SUMMARY:    This rule establishes policy,              plan assistance, VA-administered home
                                                  any views or suggestions provided by                    assigns responsibilities, and prescribes               loan services, housing assistance
                                                  commenters, so notice and comment is                    procedures for administration of the                   benefits information, and counseling on
                                                  unnecessary. Accordingly, it would                      DoD Transition Assistance Program                      responsible borrowing practices.
                                                  serve no purpose to provide an                          (TAP). The goal of TAP is to prepare all               Dependents of eligible Service members
                                                  opportunity for pre-promulgation public                 eligible members of the Military                       are entitled to career change counseling
                                                                                                          Services for a transition to civilian life,            and information on suicide prevention.
                                                  comment on this rule.
                                                                                                          including preparing them to meet Career                   These revisions will:
                                                     Thus, BSEE finds pre-promulgation                    Readiness Standards (CRS). The TAP                        • Institutionalize the implementation
                                                  notice and public comment to be                         provides information and training to                   of the VOW Act of 2011,
                                                  impracticable and unnecessary.                          ensure Service members leaving Active                     • require mandatory participation in
                                                  List of Subjects in 30 CFR Part 250                     Duty and eligible Reserve Component                    the Department of Labor (DOL)
                                                                                                          Service members being released from                    Employment Workshop (EW),
                                                    Administrative practice and                           active duty are prepared for their next                   • implement the Transition GPS
                                                  procedure, Continental shelf,                           step in life whether pursuing additional               (Goals, Plans, Success) curriculum,
                                                  Environmental impact statements,                        education, finding a job in the public or                 • require development of an
                                                  Environmental protection, Government                    private sector, starting their own                     Individual Transition Plan (ITP),
                                                  contracts, Investigations, Oil and gas                  business or other form of self-                           • enhance tracking of attendance at
                                                  exploration, Penalties, Pipelines, Public               employment, or returning to school or                  TAP events,
                                                  lands—mineral resources, Public                         an existing job. Service members receive                  • implement of mandatory Career
                                                  lands—rights-of-way, Reporting and                      training to meet CRS through the                       Readiness Standards (CRS) for
                                                  recordkeeping requirements, Sulfur.                     Transition GPS (Goals, Plans, Success)                 separating Service members, and
                                                                                                          curricula, including a core curricula and                 • incorporate a CAPSTONE event to
                                                     For the reasons given in the preamble,               individual tracks focused on Accessing                 document transition readiness and
                                                  the Bureau of Safety and Environmental                  Higher Education, Career Technical                     reinforce Commanding Officer
                                                  Enforcement amends Title 30, Chapter                    Training, and Entrepreneurship.                        accountability and support for the needs
                                                  II, Subchapter B, Part 250 Code of                         All Service members who are                         of individual Service members.
                                                  Federal Regulations as follows.                         separating, retiring, or being released                   This rule improves the process of
                                                                                                          from a period of 180 days or more of                   conducting transition services for
                                                  PART 250—OIL AND GAS AND                                continuous Active Duty must complete                   eligible separating Service members
                                                  SULPHUR OPERATIONS IN THE                               all mandatory requirements of the                      across the Military Services and
                                                  OUTER CONTINENTAL SHELF                                 Veterans Opportunity to Work (VOW)                     establishes the data collection
                                                                                                          Act, which includes pre-separation                     foundation to build short-, medium-,
asabaliauskas on DSK3SPTVN1PROD with RULES




                                                  ■ 1. The authority citation for 30 CFR                  counseling to develop an Individual                    and long-term program outcomes.
                                                  part 250 is revised to read as follows:                 Transition Plan (ITP) and identify their                  In August 2011, President Obama
                                                    Authority: 30 U.S.C. 1751, 31 U.S.C. 9701,            career planning needs; attend the                      announced his comprehensive plan to
                                                  43 U.S.C. 1334 and Sec. 107, Pub. L. 114–74,            Department of Veterans Affairs (VA)                    ensure that all of America’s Post 9/11
                                                  129 Stat. 599, unless otherwise noted.                  Benefits Briefings I and II to understand              Veterans have the support they need
                                                                                                          what VA benefits the Service member                    and deserve when they leave the
                                                  ■ 2. Revise § 250.1403 to read as                       earned, how to apply for them, and                     military, look for a job, and enter the
                                                  follows:                                                leverage them for a positive economic                  civilian workforce. A key part of the


                                             VerDate Sep<11>2014   16:05 Jun 27, 2016   Jkt 238001   PO 00000   Frm 00017   Fmt 4700   Sfmt 4700   E:\FR\FM\28JNR1.SGM   28JNR1



Document Created: 2016-06-28 00:53:33
Document Modified: 2016-06-28 00:53:33
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionInterim final rule.
DatesThis rule is effective on July 28, 2016. Comments will be accepted until August 29, 2016.
ContactDavid Fish, Acting Chief Safety and Enforcement Division, Bureau of Safety and Environmental Enforcement, (202) 208-3955 or by email: [email protected]
FR Citation81 FR 41801 
RIN Number1014-AA30
CFR AssociatedAdministrative Practice and Procedure; Continental Shelf; Environmental Impact Statements; Environmental Protection; Government Contracts; Investigations; Oil and Gas Exploration; Penalties; Pipelines; Public Lands-Mineral Resources; Public Lands-Rights-Of-Way; Reporting and Recordkeeping Requirements and Sulfur

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR