81 FR 43066 - Oil and Gas and Sulphur Operations in the Outer Continental Shelf-Civil Penalties Inflation Adjustments
DEPARTMENT OF THE INTERIOR
Bureau of Ocean Energy Management Federal Register Volume 81, Issue 127 (July 1, 2016)
Bureau of Ocean Energy Management
Federal Register Volume 81, Issue 127 (July 1, 2016)
| Page Range | 43066-43069 | |
| FR Document | 2016-15607 |
[Federal Register Volume 81, Number 127 (Friday, July 1, 2016)] [Rules and Regulations] [Pages 43066-43069] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-15607] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF THE INTERIOR Bureau of Ocean Energy Management 30 CFR Parts 550 and 553 [Docket ID: BOEM-2016-0055; MMAA104000] RIN 1010-AD95 Oil and Gas and Sulphur Operations in the Outer Continental Shelf--Civil Penalties Inflation Adjustments AGENCY: Bureau of Ocean Energy Management, Interior. ACTION: Interim final rule. ----------------------------------------------------------------------- SUMMARY: This rule adjusts the level of civil monetary penalties contained in the Bureau of Ocean Energy Management (BOEM) regulations pursuant to the Outer Continental Shelf Lands Act, the Oil Pollution Act of 1990, the Federal Civil Penalties Inflation Adjustment Act Improvements [[Page 43067]] Act of 2015 and Office of Management and Budget guidance. DATES: This rule is effective on August 1, 2016. Comments will be accepted until August 30, 2016. ADDRESSES: Address all comments regarding this proposed rule to BOEM by any of the following methods:Federal Rulemaking Portal: http://www.regulations.gov. Follow the instructions for submitting comments. U.S. Postal Service or Other Mail Delivery Service: Address to Robert Sebastian, Office of Policy, Regulation and Analysis (OPRA), BOEM, Department of the Interior, 1849 C Street NW., Mailstop 5238, Washington, DC 20240. Hand delivery to Office of Policy, Regulation and Analysis, BOEM, Department of the Interior, at 1849 C Street NW., Room 5249, Washington, DC 20240. Please include your name, return address, and phone number and/or email address, so we can contact you if we have questions regarding your submission. FOR FURTHER INFORMATION CONTACT: Robert Sebastian, Office of Policy, Regulation and Analysis at (504) 736-2761 or email at [email protected]. SUPPLEMENTARY INFORMATION: I. Background II. Calculation of Adjustments III. Procedural Requirements A. Regulatory Planning and Review (E.O. 12866 and 13563) 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 to account for inflation. 43 U.S.C. 1350(b)(1). The Federal Civil Penalties Inflation Adjustment Act of 1990 (Public Law 104-410) (FCPIA of 1990) required that all civil monetary penalties, including the OCSLA maximum civil penalty amount, be adjusted at least once every four years. Pursuant to OCSLA and the FCPIA of 1990, the OCSLA maximum civil penalty amount was last adjusted in 2011. 76 FR 38,294 (June 30, 2011). After running the computations, the Department of the Interior determined that adjustments of the OCSLA maximum civil penalty amount were not warranted in 2014 and 2015. Similarly, the Oil Pollution Act (OPA) of 1990 authorizes the Secretary of the Interior to impose civil penalties for failure to comply with financial responsibility regulations that implement OPA. The FCPIA of 1990 required that all civil monetary penalties, including the OPA maximum civil penalty amount, be adjusted at least once every four years. Pursuant to the FCPIA of 1990, the OPA maximum civil penalty amount was adjusted for the first time in 2007, 72 FR 8,897 (Feb. 28, 2007), and again in 2011, 76 FR 38,294 (June 30, 2011). After running the computations, the Department of the Interior determined that adjustments of the OPA 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), which further amended the FCPIA of 1990. 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 penalties per day per violation: ---------------------------------------------------------------------------------------------------------------- Current Adjusted CFR citation Description of the maximum Multiplier maximum penalty penalty penalty ---------------------------------------------------------------------------------------------------------------- 30 CFR 550.1403....................... Failure to comply with $40,000 1.05042 $42,017 regulatory and contractual obligations. 30 CFR 553.51(a)...................... Failure to comply with * 25,000 1.78156 44,539 financial responsibility requirements. ---------------------------------------------------------------------------------------------------------------- * The current OPA maximum civil penalty amount provided in 30 CFR 553.51(a) is $30,000. However, the FCPIA of 2015 instructs BOEM to use the OPA maximum civil penalty amount as last adjusted by a provision of law other than the FCPIA of 1990 when calculating the 2016 civil penalty adjustment. Therefore, BOEM used the OPA maximum civil penalty amount of $25,000, which was established by OPA in 1990, when calculating the 2016 civil penalty adjustment. II. Calculation of Adjustments The Office of Management and Budget (OMB) issued guidance on calculating the civil monetary penalty adjustments pursuant to the FCPIA of 2015. See February 24, 2016, Memorandum for the Heads of Executive Departments and Agencies, from Shaun Donovan, Director, Office of Management and Budget, subject: 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. The calculated adjustment for 2016 is based on the percent change between the Consumer Price Index for all Urban Consumers (CPI-U) for the month of October in the calendar year of the previous adjustment (or in the year of establishment, if subsequent adjustments were made pursuant to the FCPIA of 1990) and the October 2015 CPI-U. For 2016, OCSLA and the FCPIA of 2015 require that BOEM adjust the OCSLA maximum civil penalty amount and provide the adjustment timing. In computing the new OCSLA maximum civil penalty amount, since the amount was last adjusted in 2011, BOEM divided the October 2015 CPI-U by the [[Page 43068]] October 2011 CPI-U (237.838/226.421). This resulted in a multiplying factor of 1.05042. The existing OCSLA maximum civil penalty amount ($40,000) was multiplied by the multiplying factor (40,000 x 1.05042 = 42,016.80). 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 increase in the OCSLA maximum civil penalty amount does not exceed 150 percent of the OCSLA maximum civil penalty amount as of November 2, 2015, and thus complies with 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) predates such increase. For 2016, the FCPIA of 2015 requires that BOEM adjust the OPA maximum civil penalty amount and provides the adjustment timing. The OPA maximum civil penalty amount was last adjusted pursuant to the FPCIA of 1990 in 2011 ($30,000). However, the FCPIA of 2015 instructs BOEM to use the OPA maximum civil penalty amount as last adjusted by a provision of law other than the FCPIA of 1990 when calculating the 2016 civil penalty adjustment. The OPA maximum civil penalty was last adjusted by a provision of law other than the FCPIA of 1990 when it was established by OPA in 1990. Therefore, in computing the new OPA maximum civil penalty amount, BOEM divided the October 2015 CPI-U by the October 1990 CPI-U (237.838/133.5). This resulted in a multiplying factor of 1.78156. The statutory OPA maximum civil penalty amount ($25,000) was multiplied by the multiplying factor (25,000 x 1.78156 = 44,539.00). The FCPIA of 2015 requires that the OPA maximum civil penalty amount be rounded to the nearest $1.00 at the end of the calculation process. Accordingly, the adjusted OPA maximum civil penalty is $44,539. This increase in the OPA maximum civil penalty amount does not exceed 150 percent of the OPA maximum civil penalty amount as of November 2, 2015, and thus complies with the FCPIA of 2015. Also, pursuant to the FCPIA of 2015, the increase in the OPA maximum civil penalty amount applies to civil penalties assessed after the date the increase takes effect, even when the associated violation(s) predates such increase. III. Procedural Requirements A. Regulatory Planning and Review (E.O. 12866 and 13563) Executive Order 12866 provides that the Office of Information and Regulatory Affairs in the Office of Management and Budget will review all significant rules. The Office of Information and Regulatory Affairs has determined that this rule is not significant. Executive Order 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, to the extent permitted by statute. 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 Inflation Adjustment Act Improvements 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: (a) Will not have an annual effect on the economy of $100 million or more. (b) Will not cause a major increase in costs or prices for consumers, individual industries, Federal, State, or local government agencies, or geographic regions. (c) 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 does not impose an unfunded mandate on State, local, or tribal governments, or the private sector of more than $100 million per year. The rule does 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 does not effect a taking of private property or otherwise have takings implications under Executive Order 12630. A takings implication assessment is not required. F. Federalism (E.O. 13132) Under the criteria in section 1 of Executive Order13132, this rule does 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 Executive Order 12988. Specifically, this rule: (a) 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 (b) 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's consultation policy, under Departmental Manual Part 512 Chapters 4 and 5, and under the criteria in Executive Order 13175 and have determined that it has no substantial direct effects on federally recognized Indian tribes and that consultation under the Department's tribal consultation policy is not required. [[Page 43069]] I. Paperwork Reduction Act This rule does not contain information collection requirements, and a submission to the Office of Management and Budget 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 Executive Order 13211. A Statement of Energy Effects is not required. L. Clarity of This Regulation We are required by Executive Orders 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: (a) Be logically organized; (b) Use the active voice to address readers directly; (c) Use common, everyday words and clear language rather than jargon; (d) Be divided into short sections and sentences; and (e) 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. 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 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). BOEM finds that there is good cause to promulgate this rule without first providing for public comment. It would not be practicable 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, BOEM is promulgating this 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. BOEM 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, BOEM finds pre-promulgation notice and public comment to be impracticable and unnecessary. List of Subjects 30 CFR Part 550 Administrative practice and procedure, Continental shelf, environmental impact statements, environmental protection, federal lands, government contracts, investigations, oil and gas exploration, outer continental shelf, penalties, pipelines, mineral resources, rights-of-way, reporting and recordkeeping requirements, sulfur. 30 CFR Part 553 Administrative practice and procedure, Continental shelf, Financial responsibility, OCS, Oil and gas exploration, Oil pollution, Liability, Limit of liability, Penalties, Pipelines, Rights-of-way, Reporting and recordkeeping requirements, Surety bonds, Treasury securities. Dated; June 24, 2016. Janice M. Schneider, Assistant Secretary--Land and Minerals Management. For the reasons stated in the preamble, the BOEM amends 30 CFR parts 550 and 553 as follows: PART 550--OIL AND GAS AND SULPHUR OPERATIONS IN THE OUTER CONTINENTAL SHELF 0 1. The authority citation for part 550 is revised to read as follows: Authority: 30 U.S.C. 1751; 31 U.S.C. 9701; 43 U.S.C. 1334. 0 2. Revise Sec. 550.1403 to read as follows: Sec. 550.1403 What is the maximum civil penalty? The maximum civil penalty is $42,017 per day per violation. PART 553--OIL SPILL FINANCIAL RESPONSIBILITY FOR OFFSHORE FACILITIES 0 3. The authority citation for part 553 is revised to read as follows: Authority: 33 U.S.C. 2704, 2716; E.O. 12777, as amended. 0 4. In Sec. 553.51, revise paragraph (a) to read as follows: Sec. 553.51 What are the penalties for not complying with this part? (a) If you fail to comply with the financial responsibility requirements of OPA at 33 U.S.C. 2716 or with the requirements of this part, then you may be liable for a civil penalty of up to $44,539 per COF per day of violation (that is, each day a COF is operated without acceptable evidence of OSFR). * * * * * [FR Doc. 2016-15607 Filed 6-30-16; 8:45 am] BILLING CODE 4310-MR-P
![43066 Federal Register / Vol. 81, No. 127 / Friday, July 1, 2016 / Rules and Regulations
systems. The office’s mission is to help levels of government. Therefore, in Authority: 5 U.S.C. 301; 28 U.S.C. 509,
ensure that the justice system is accordance with section 6 of Executive 510, 515–519.
efficient, fair, and accessible to all, Order 13132, it is determined that this ■ 2. In § 0.1, under the heading
irrespective of an individual’s wealth rule does not have sufficient federalism ‘‘Offices’’, add the title ‘‘Office for
and status. Its staff works within the implications to warrant the preparation Access to Justice’’ to the end of the list.
Department of Justice, across federal of a federalism summary impact ■ 3. Add Subpart F–1 to read as follows:
agencies, and with state, local, and statement.
tribal justice system stakeholders to Subpart F–1—Office for Access to
Executive Order 12988: Civil Justice Justice
increase access to counsel and legal
Reform
assistance and to improve the justice
§ 0.33 Office for Access to Justice.
system for people who are unable to This rule meets the applicable
afford lawyers. This rule reflects the standards set forth in sections 3(a) and The Office for Access to Justice shall
establishment of the Office for Access to 3(b)(2) of Executive Order 12988. be headed by a Director appointed by
Justice as a distinct component of the the Attorney General. The principal
Unfunded Mandates Reform Act of responsibilities of the Office shall be to
Department of Justice, and sets forth the
1955 plan, develop, and coordinate the
office’s organization, mission, and
functions. This rule will not result in the implementation of access to justice
expenditure by State, local, and tribal policy initiatives of high priority to the
Administrative Procedure Act Department and the executive branch,
governments, in the aggregate, or by the
This rule is a rule of agency private sector, of $100,000,000 or more including in the areas of criminal
organization and procedure, and relates in any one year, and it does not indigent defense and civil legal aid. In
to the internal management of the establish requirements that might addition, the Director shall:
Department of Justice. It is therefore significantly or uniquely affect small (a) Promote uniformity of Department
exempt from the requirements of notice governments. Therefore, no actions were of Justice and government-wide policies
and comment and a delayed effective deemed necessary under the provisions and litigation positions relating to equal
date. 5 U.S.C. 553(b), (d). of the Unfunded Mandates Reform Act access to justice;
of 1995. (b) Examine proposed legislation,
Regulatory Flexibility Act proposed rules, and other policy
The Attorney General, in accordance Congressional Review Act proposals to ensure that access to justice
with the Regulatory Flexibility Act (5 principles are properly considered in
This action pertains to agency
U.S.C. 605(b)), has reviewed this rule the development of policy; and
management, personnel, and
and by approving it certifies that this (c) Perform such other duties and
organization and does not substantially
rule will not have a significant functions as may be authorized by law
affect the rights or obligations of non-
economic impact on a substantial or directed by the Attorney General,
agency parties and, accordingly, is not
number of small entities because it Deputy Attorney General, or Associate
a ‘‘rule’’ as that term is used by the
pertains to personnel and administrative Attorney General.
Congressional Review Act (Subtitle E of
matters affecting the Department. Dated: June 24, 2016.
the Small Business Regulatory
Further, a Regulatory Flexibility Loretta E. Lynch,
Enforcement Fairness Act of 1996
Analysis was not required to be
(SBREFA)). See 5 U.S.C. 804(3). Attorney General.
prepared for this final rule since the
Therefore, the reporting requirement of [FR Doc. 2016–15574 Filed 6–30–16; 8:45 am]
Department was not required to publish
5 U.S.C. 801 does not apply. BILLING CODE 4410–PN–P
a general notice of proposed rulemaking
for this matter. See 5 U.S.C. 604(a). Plain Language Instructions
Executive Orders 12866 and 13563: We try to write clearly. Suggestions DEPARTMENT OF THE INTERIOR
Regulatory Review about how to improve the clarity of this
This action has been drafted and rule may be submitted in writing to Lisa Bureau of Ocean Energy Management
reviewed in accordance with Executive Foster, Director, Office for Access to
Order 12866, ‘‘Regulatory Planning and Justice. 30 CFR Parts 550 and 553
Review,’’ section 1(b), The Principles of List of Subjects in 28 CFR Part 0 [Docket ID: BOEM–2016–0055;
Regulation, and in accordance with MMAA104000]
Executive Order 13563, ‘‘Improving Authority delegation (Government
agencies), Government employees, RIN 1010–AD95
Regulations and Regulatory Review,’’
section 1(b), General Principles of Organization and functions
(Government agencies), Privacy, Oil and Gas and Sulphur Operations in
Regulation. This action is limited to the Outer Continental Shelf—Civil
agency organization, management, and Reporting and recordkeeping
requirements, Whistleblowing. Penalties Inflation Adjustments
personnel matters and therefore is not a
‘‘regulation’’ or ‘‘rule’’ under Executive Accordingly, by virtue of the AGENCY: Bureau of Ocean Energy
Order 12866. Id. § 3(d)(3). Accordingly, authority vested in me as Attorney Management, Interior.
this action has not been reviewed by the General, including 5 U.S.C. 301 and 28 ACTION: Interim final rule.
Office of Management and Budget. U.S.C. 509, 510, part 0 of title 28 of the
asabaliauskas on DSK3SPTVN1PROD with RULES
Code of Federal Regulations is amended SUMMARY: This rule adjusts the level of
Executive Order 13132: Federalism civil monetary penalties contained in
as follows:
This rule will not have substantial the Bureau of Ocean Energy
direct effects on the States, on the PART 0—ORGANIZATION OF THE Management (BOEM) regulations
relationship between the national DEPARTMENT OF JUSTICE pursuant to the Outer Continental Shelf
government and the States, or on the Lands Act, the Oil Pollution Act of
distribution of power and ■ 1. The authority citation for part 0 1990, the Federal Civil Penalties
responsibilities among the various continues to read as follows: Inflation Adjustment Act Improvements
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![Federal Register / Vol. 81, No. 127 / Friday, July 1, 2016 / Rules and Regulations 43069
I. Paperwork Reduction Act adjusted penalties of no later than Dated; June 24, 2016.
This rule does not contain August 1, 2016. To comply with the Janice M. Schneider,
information collection requirements, FCPIA of 2015, we are issuing these Assistant Secretary—Land and Minerals
and a submission to the Office of regulations as an interim final rule and Management.
Management and Budget under the are requesting comments post- For the reasons stated in the
Paperwork Reduction Act (44 U.S.C. promulgation. The Administrative preamble, the BOEM amends 30 CFR
3501 et seq.) is not required. We may Procedure Act (APA) provides that, parts 550 and 553 as follows:
not conduct or sponsor and you are not when an agency for good cause finds
required to respond to a collection of that ‘‘notice and public procedure . . . PART 550—OIL AND GAS AND
information unless it displays a are impracticable, unnecessary, or SULPHUR OPERATIONS IN THE
currently valid OMB control number. contrary to the public interest,’’ the OUTER CONTINENTAL SHELF
J. National Environmental Policy Act agency may issue a rule without ■ 1. The authority citation for part 550
providing notice and an opportunity for is revised to read as follows:
This rule does not constitute a major prior public comment. 5 U.S.C. 553(b).
Federal action significantly affecting the BOEM finds that there is good cause to Authority: 30 U.S.C. 1751; 31 U.S.C. 9701;
quality of the human environment. A 43 U.S.C. 1334.
promulgate this rule without first
detailed statement under the National
providing for public comment. It would ■ 2. Revise § 550.1403 to read as
Environmental Policy Act of 1969
not be practicable to meet the deadlines follows:
(NEPA) is not required because the rule
is covered by a categorical exclusion imposed by the FCPIA of 2015 if we
§ 550.1403 What is the maximum civil
(see 43 CFR 46.210(i).). This rule is were to first publish a proposed rule, penalty?
excluded from the requirement to allow the public sufficient time to
The maximum civil penalty is
prepare a detailed statement because it submit comments, analyze the $42,017 per day per violation.
is a regulation of an administrative comments, and publish a final rule.
nature. We have also determined that Also, BOEM is promulgating this final PART 553—OIL SPILL FINANCIAL
the rule does not involve any of the rule to implement the statutory directive RESPONSIBILITY FOR OFFSHORE
extraordinary circumstances listed in 43 in the FCPIA of 2015, which requires FACILITIES
CFR 46.215 that would require further agencies to publish an interim final rule
analysis under NEPA. and to update the civil penalty amounts ■ 3. The authority citation for part 553
by applying a specified formula. BOEM is revised to read as follows:
K. Effects on the Energy Supply (E.O. Authority: 33 U.S.C. 2704, 2716; E.O.
has no discretion to vary the amount of
13211) 12777, as amended.
the adjustment to reflect any views or
This rule is not a significant energy suggestions provided by commenters, so ■ 4. In § 553.51, revise paragraph (a) to
action under the definition in Executive notice and comment is unnecessary. read as follows:
Order 13211. A Statement of Energy Accordingly, it would serve no purpose
Effects is not required. § 553.51 What are the penalties for not
to provide an opportunity for pre- complying with this part?
L. Clarity of This Regulation promulgation public comment on this (a) If you fail to comply with the
We are required by Executive Orders rule. Thus, BOEM finds pre- financial responsibility requirements of
12866 (section 1(b)(12)), 12988 (section promulgation notice and public OPA at 33 U.S.C. 2716 or with the
3(b)(1)(B)), and 13563 (section 1(a)), and comment to be impracticable and requirements of this part, then you may
by the Presidential Memorandum of unnecessary. be liable for a civil penalty of up to
June 1, 1998, to write all rules in plain List of Subjects $44,539 per COF per day of violation
language. This means that each rule we (that is, each day a COF is operated
publish must: 30 CFR Part 550 without acceptable evidence of OSFR).
(a) Be logically organized; * * * * *
(b) Use the active voice to address Administrative practice and
[FR Doc. 2016–15607 Filed 6–30–16; 8:45 am]
readers directly; procedure, Continental shelf,
BILLING CODE 4310–MR–P
(c) Use common, everyday words and environmental impact statements,
clear language rather than jargon; environmental protection, federal lands,
(d) Be divided into short sections and government contracts, investigations, oil
sentences; and DEPARTMENT OF THE TREASURY
and gas exploration, outer continental
(e) Use lists and tables wherever shelf, penalties, pipelines, mineral Fiscal Service
possible. resources, rights-of-way, reporting and
If you feel that we have not met these recordkeeping requirements, sulfur. 31 CFR Part 356
requirements, send us comments by one
of the methods listed in the ADDRESSES 30 CFR Part 553 Sale and Issue of Marketable Book-
section. Your comments should be as Entry Treasury Bills, Notes, and Bonds
specific as possible. For example, you Administrative practice and
should tell us the numbers of the procedure, Continental shelf, Financial AGENCY: Fiscal Service, Treasury.
sections or paragraphs that you find responsibility, OCS, Oil and gas ACTION: Final rule.
asabaliauskas on DSK3SPTVN1PROD with RULES
unclear, which sections or sentences are exploration, Oil pollution, Liability,
too long, the sections where you feel Limit of liability, Penalties, Pipelines, SUMMARY: The Department of the
lists or tables would be useful, etc. Rights-of-way, Reporting and Treasury is making non-substantive
recordkeeping requirements, Surety technical corrections to its marketable
M. Administrative Procedure Act securities auction rules.
bonds, Treasury securities.
The FCPIA of 2015 requires agencies DATES: Effective July 1, 2016.
to publish interim final rules by July 1, FOR FURTHER INFORMATION CONTACT: Lori
2016, with an effective date for the Santamorena, Kurt Eidemiller, or Kevin
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Document Created: 2016-07-14 11:37:33
Document Modified: 2016-07-14 11:37:33
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Interim final rule. | |
| Dates | This rule is effective on August 1, 2016. Comments will be accepted until August 30, 2016. | |
| Contact | Robert Sebastian, Office of Policy, Regulation and Analysis at (504) 736-2761 or email at [email protected] | |
| FR Citation | 81 FR 43066 | |
| RIN Number | 1010-AD95 | |
| CFR Citation | 30
CFR
550 30 CFR 553 | |
| CFR Associated | Administrative Practice and Procedure; Continental Shelf; Environmental Impact Statements; Environmental Protection; Federal Lands; Government Contracts; Investigations; Oil and Gas Exploration; Outer Continental Shelf; Penalties; Pipelines; Mineral Resources; Rights-Of-Way; Reporting and Recordkeeping Requirements; Sulfur; Financial Responsibility; Ocs; Oil and Gas Exploration; Oil Pollution; Liability; Limit of Liability; Penalties; Pipelines; Rights-Of-Way; Reporting and Recordkeeping Requirements; Surety Bonds and Treasury Securities |
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