81_FR_54656 81 FR 54498 - Protection of Archaeological Resources

81 FR 54498 - Protection of Archaeological Resources

TENNESSEE VALLEY AUTHORITY

Federal Register Volume 81, Issue 158 (August 16, 2016)

Page Range54498-54499
FR Document2016-19343

This final rule amends the regulations of the Tennessee Valley Authority (TVA) for the protection of archaeological resources by providing for the issuance of petty offense citations for violations of the Archaeological Resources Protection Act (ARPA) and the Antiquities Act of 1906 (AA). Amending the regulations such that TVA law enforcement agents are authorized to issue citations will help prevent loss and destruction of archaeological resources resulting from unlawful excavations and pillage.

Federal Register, Volume 81 Issue 158 (Tuesday, August 16, 2016)
[Federal Register Volume 81, Number 158 (Tuesday, August 16, 2016)]
[Rules and Regulations]
[Pages 54498-54499]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-19343]


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

TENNESSEE VALLEY AUTHORITY

18 CFR Part 1312


Protection of Archaeological Resources

AGENCY: Tennessee Valley Authority.

ACTION: Final rule.

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

SUMMARY: This final rule amends the regulations of the Tennessee Valley 
Authority (TVA) for the protection of archaeological resources by 
providing for the issuance of petty offense citations for violations of 
the Archaeological Resources Protection Act (ARPA) and the Antiquities 
Act of 1906 (AA). Amending the regulations such that TVA law 
enforcement agents are authorized to issue citations will help prevent 
loss and destruction of archaeological resources resulting from 
unlawful excavations and pillage.

DATES: This final rule becomes effective September 15, 2016.

FOR FURTHER INFORMATION CONTACT: Ralph E. Majors, TVA, 865-632-4176; or 
Erin E. Pritchard, TVA, 865-632-2463.

SUPPLEMENTARY INFORMATION:

I. Legal Authority

    These amendments are promulgated under the authority of the TVA 
Act, as amended, 16 U.S.C. 831-831ee, the Archaeological Resources 
Protection Act, 16 U.S.C. 470aa-470mm, and the Antiquities Act of 1906, 
16 U.S.C.431, 432 & 433.

II. Background for the Amendments

    This final rule amends TVA's regulations implementing the 
Archaeological Resources Protection Act of 1979 (Pub. L. 96-95, as 
amended by Pub. L. 100-555, Pub. L. 100-588; 93 Stat. 721; 102 Stat. 
2983; 16 U.S.C. 470aa-mm) to provide for the issuance of petty offense 
citations by TVA's law enforcement agents for violations of ARPA or AA.
    Section 10(a) of ARPA requires the Departments of Interior, 
Agriculture and Defense and the Tennessee Valley Authority to 
promulgate such uniform rules and regulations as may be necessary to 
carry out the purposes of ARPA. The first purpose of ARPA is ``to 
secure, for the present and future benefit of the American people, the 
protection of archaeological resources and sites which are on public 
lands and Indian lands.'' 16 U.S.C. 470aa(b). The uniform regulations 
for ARPA originally were published on January 6, 1984 to implement the 
Act of 1979. The uniform regulations were then revised on January 26, 
1995 to incorporate the amendments to ARPA promulgated by Congress in 
1988.
    Section 10(b) of ARPA requires each Federal land manager (FLM) to 
promulgate such regulations, consistent with the uniform regulations 
under Section 10(a), as may be appropriate for the carrying out of the 
FLM's functions and authorities under the Act. Thus, Section 10(b) 
allows individual Federal agencies to tailor the uniform regulations to 
suit their own particular needs with a view to effectively implementing 
the authorities under the Act. TVA has adopted the uniform regulations 
as its own. See 18 CFR part 1312 (1984 and 1995). This final rule 
amends TVA's ARPA regulations by enabling TVA's law enforcement agents 
to issue petty offense citations for violations of ARPA \1\ or AA \2\ 
occurring on lands owned by the United States that are entrusted to 
TVA.\3\ The issuance of petty offense citations is consistent with the 
authority granted to TVA's law enforcement agents under the TVA Act, 
and advances the effective prosecution of violations of ARPA and AA.
---------------------------------------------------------------------------

    \1\ The prohibitions under ARPA are set out in Sections 6(a), 
6(b) and 6(c) of the Act. See 16 U.S.C. 470ee(a), (b) & (c). Any 
violation of these prohibitions is subject to the criminal sanctions 
prescribed in Section 6(d). See 16 U.S.C. 470ee(d). TVA's 
regulations implementing ARPA replicate these prohibitions and 
criminal sanctions. See 18 CFR 1312.4.
    \2\ The AA prohibits, among other things, the excavation, 
destruction or appropriation of an object of antiquity situated on 
federal lands without the permission of the head of the agency 
having jurisdiction over those lands. See 16 U.S.C. 433. Any 
violation of these provisions is subject to criminal sanctions. Id.
    \3\ Under Section 21(a) of the TVA Act, ``[a]ll general penal 
statutes relating to larceny, embezzlement, conversion, or to the 
improper handling, retention, use or disposal of . . . property of 
the United States, shall apply to the . . . property of the 
Corporation and to . . . properties of the United States entrusted 
to the Corporation.'' 16 U.S.C. 831t(a) (emphasis added).
---------------------------------------------------------------------------

    Under the TVA Act, the TVA Board of Directors ``may designate 
employees of the Corporation to act as law enforcement agents'' to 
``make arrests without warrant for any offense against the United 
States committed in the agent's presence'' that occurs ``on any lands 
or facilities owned or leased by the Corporation.'' See 16 U.S.C. 831c-
3. Based on this authority, the final rule amends TVA's regulations for 
protection of archaeological resources to authorize certain TVA law 
enforcement agents to issue petty offense citations for the violation 
of any provision of 16 U.S.C. 470ee or 16 U.S.C. 433. Those TVA law 
enforcement agents that are designated by the Director of TVA Police 
and Emergency Management for the purpose of conducting archaeological 
investigations shall have the authority to issue petty offense 
citations for ARPA or AA violations committed in the agent's presence 
on lands owned by the United States that are entrusted to TVA. For any 
such petty offense committed on lands entrusted to TVA, the citation 
may be issued at the site of the offense, or on non-TVA land (a) when 
the person committing the offense is in the process of fleeing the site 
of the offense to avoid arrest, or (b) to protect the archaeological 
artifacts involved in the commission of the offense.\4\ The citation 
will require the person charged with the violation to appear before a 
United States Magistrate Judge within whose jurisdiction the affected 
archaeological resource is located.\5\
---------------------------------------------------------------------------

    \4\ See 16 U.S.C. 831c-3(c)(2) (authorizing TVA's law 
enforcement agents to exercise their law enforcement duties and 
powers on non-TVA lands (1) when the person to be arrested is in the 
process of fleeing to avoid arrest or (2) in conjunction with the 
protection of TVA property.)
    \5\ Section 3401 of Title 18, United States Code, provides that 
``any United States magistrate judge shall have jurisdiction to try 
persons accused of, and sentence persons convicted of, misdemeanors 
committed within that judicial district.'' 18 U.S.C. 3401(a).
---------------------------------------------------------------------------

III. Comment Period

    Public comment was sought for a 30-day period following publication 
of the proposed amendments in the Federal Register on May 20, 2016 (81 
FR 31873). The comment period closed on June 20, 2016. No comments were 
received in response to the publication of the proposed amendments.
    The final rule corrects a typographical error in the proposed rule 
published on May 20, 2016. The reference to ``Title 8'' in the final 
sentence of Sec.  1312.22 (on page 31875 of the proposed rule) has been 
corrected to ``Title 18'' in this final rule.

IV. Administrative Requirements

    A. Unfunded Mandates Reform Act and various Executive Orders 
including E.O. 12866, Regulatory Planning and Review; E.O. 12898, 
Federal Actions to Address Environmental Justice in Minority 
Populations and Low-Income

[[Page 54499]]

Populations; E.O. 13045, Protection of Children from Environmental 
Health Risks; E.O. 13132, Federalism; E.O. 13175, Consultation and 
Coordination with Indian Tribal Governments; and E.O. 13211, Actions 
Concerning Regulations that Significantly Affect Energy Supply, 
Distribution, and Use; E.O. 12988, Civil Justice Reform Act.
    This final rule amends TVA's regulations for the protection of 
archaeological resources by providing for issuance of petty offense 
citations by TVA's law enforcement agents for violations of ARPA or AA. 
The rule is not subject to Office of Management and Budget Review under 
Executive Order 12866. The rule contains no Federal mandates for State, 
local, or tribal government or for the private sector. TVA has 
determined that these amendments will not have a significant annual 
effect of $100 million or more or result in expenditures of $100 
million in any one year by State, local, or tribal governments or by 
the private sector. Nor will the amendments have concerns for 
environmental health or safety risks that may disproportionately affect 
children, have significant effect on the supply, distribution, or use 
of energy, or disproportionally impact low-income or minority 
populations. Accordingly, this final rule has no implications for any 
of the referenced authorities.

B. Regulatory Flexibility Act

    Under the Regulatory Flexibility Act, 5 U.S.C. 601 et seq., TVA is 
required to prepare a regulatory flexibility analysis unless the head 
of the agency certifies that the proposal will not have a significant 
economic impact on a substantial number of small entities. TVA's Chief 
Executive Officer has certified that the amendments promulgated in this 
final rule will not have a significant economic impact on a substantial 
number of small entities within the meaning of the Regulatory 
Flexibility Act. This determination is based on the finding that the 
amendments are directed toward Federal resource management to help 
prevent loss or destruction of archaeological resources, with no 
economic impact on the public.

C. Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.)

    This rule does not contain information collection requirements that 
require approval by OMB under the Paperwork Reduction Act.

List of Subjects in 18 CFR Part 1312

    Administrative practice and procedure, Historic Preservation, 
Indians--lands, Penalties, Public Lands, Reporting and recordkeeping 
requirements.

    For the reasons set out in the preamble, 18 CFR part 1312 is 
amended as follows:

PART 1312--PROTECTION OF ARCHAEOLOGICAL RESOURCES: UNIFORM 
REGULATIONS

0
1. The authority citation for Part 1312 is revised to read as follows:

    Authority: Pub. L. 96-95, 93 Stat. 721, as amended, 102 Stat. 
2983 (16 U.S.C. 470aa-mm) (Sec. 10(a) & (b)); 16 U.S.C. 831-831ee 
(2012). Related Authority: Pub. L. 59-209, 34 Stat. 225 (16 U.S.C. 
432, 433); Pub. L. 86-523, 74 Stat. 220, 221 (16 U.S.C. 469), as 
amended, 88 Stat. 174 (1974); Pub. L. 89-665, 80 Stat. 915 (16 
U.S.C. 470a-t), as amended, 84 Stat. 204 (1970), 87 Stat. 139 
(1973), 90 Stat. 1320 (1976), 92 Stat. 3467 (1978), 94 Stat. 2987 
(1980); Pub. L. 95-341, 92 Stat. 469 (42 U.S.C. 1996)


0
2. In Sec.  1312.1, a sentence is added at the end of paragraph (a) to 
read as follows:


Sec.  1312.1  Purpose.

    (a)* * *. The regulations in this part also enable TVA's law 
enforcement agents to issue petty offense citations for violations of 
any provision of 16 U.S.C. 470ee or 16 U.S.C. 433.
* * * * *

0
3. In Sec.  1312.2, paragraph (c) is added to read as follows:


Sec.  1312.2  Authority.

* * * * *
    (c) Provisions pertaining to the issuance of petty offense 
citations are based on the duties and powers assigned to TVA's law 
enforcement agents under 16 U.S.C. 831-831ee.

0
4. In Sec.  1312.3, paragraph (j) is added to read as follows:


Sec.  1312.3  Definitions.

* * * * *
    (j) Director means the Director of TVA Police and Emergency 
Management assigned the function and responsibility of supervising TVA 
employees designated as law enforcement agents under 16 U.S.C. 831c-
3(a).

0
5. Section 1312.22 is added to read as follows:


Sec.  1312.22  Issuance of citations for petty offenses.

    Any person who violates any provision contained in 16 U.S.C. 470ee 
or 16 U.S.C. 433 in the presence of a TVA law enforcement agent may be 
tried and sentenced in accordance with the provisions of section 3401 
of Title 18, United States Code. Law enforcement agents designated by 
the Director for that purpose shall have the authority to issue a petty 
offense citation for any such violation, requiring any person charged 
with the violation to appear before a United States Magistrate Judge 
within whose jurisdiction the archaeological resource impacted by the 
violation is located. The term ``petty offense'' has the same meaning 
given that term under section 19 of Title 18, United States Code.

    Dated: August 8, 2016.
Rebecca C. Tolene,
Deputy General Counsel and Vice President, Natural Resources.
[FR Doc. 2016-19343 Filed 8-15-16; 8:45 am]
BILLING CODE 8120-08-P



                                                  54498             Federal Register / Vol. 81, No. 158 / Tuesday, August 16, 2016 / Rules and Regulations

                                                  based substituted compliance for competent              Defense and the Tennessee Valley                         agent’s presence’’ that occurs ‘‘on any
                                                  non-U.S. regulatory regimes.7 Such an                   Authority to promulgate such uniform                     lands or facilities owned or leased by
                                                  approach is practical, provides certainty and           rules and regulations as may be                          the Corporation.’’ See 16 U.S.C. 831c–3.
                                                  is in keeping with the cooperative spirit of
                                                                                                          necessary to carry out the purposes of                   Based on this authority, the final rule
                                                  the 2009 G–20 Pittsburgh Accords.8
                                                                                                          ARPA. The first purpose of ARPA is ‘‘to                  amends TVA’s regulations for protection
                                                  [FR Doc. 2016–18854 Filed 8–15–16; 8:45 am]             secure, for the present and future benefit               of archaeological resources to authorize
                                                  BILLING CODE 6351–01–P                                  of the American people, the protection                   certain TVA law enforcement agents to
                                                                                                          of archaeological resources and sites                    issue petty offense citations for the
                                                                                                          which are on public lands and Indian                     violation of any provision of 16 U.S.C.
                                                  TENNESSEE VALLEY AUTHORITY                              lands.’’ 16 U.S.C. 470aa(b). The uniform                 470ee or 16 U.S.C. 433. Those TVA law
                                                                                                          regulations for ARPA originally were                     enforcement agents that are designated
                                                  18 CFR Part 1312                                        published on January 6, 1984 to                          by the Director of TVA Police and
                                                                                                          implement the Act of 1979. The uniform                   Emergency Management for the purpose
                                                  Protection of Archaeological                            regulations were then revised on                         of conducting archaeological
                                                  Resources                                               January 26, 1995 to incorporate the                      investigations shall have the authority
                                                  AGENCY:    Tennessee Valley Authority.                  amendments to ARPA promulgated by                        to issue petty offense citations for ARPA
                                                  ACTION:   Final rule.                                   Congress in 1988.                                        or AA violations committed in the
                                                                                                            Section 10(b) of ARPA requires each                    agent’s presence on lands owned by the
                                                  SUMMARY:   This final rule amends the                   Federal land manager (FLM) to                            United States that are entrusted to TVA.
                                                  regulations of the Tennessee Valley                     promulgate such regulations, consistent                  For any such petty offense committed
                                                  Authority (TVA) for the protection of                   with the uniform regulations under                       on lands entrusted to TVA, the citation
                                                  archaeological resources by providing                   Section 10(a), as may be appropriate for                 may be issued at the site of the offense,
                                                  for the issuance of petty offense                       the carrying out of the FLM’s functions                  or on non-TVA land (a) when the person
                                                  citations for violations of the                         and authorities under the Act. Thus,                     committing the offense is in the process
                                                  Archaeological Resources Protection Act                 Section 10(b) allows individual Federal                  of fleeing the site of the offense to avoid
                                                  (ARPA) and the Antiquities Act of 1906                  agencies to tailor the uniform                           arrest, or (b) to protect the
                                                  (AA). Amending the regulations such                     regulations to suit their own particular                 archaeological artifacts involved in the
                                                  that TVA law enforcement agents are                     needs with a view to effectively                         commission of the offense.4 The citation
                                                  authorized to issue citations will help                 implementing the authorities under the                   will require the person charged with the
                                                  prevent loss and destruction of                         Act. TVA has adopted the uniform                         violation to appear before a United
                                                  archaeological resources resulting from                 regulations as its own. See 18 CFR part                  States Magistrate Judge within whose
                                                  unlawful excavations and pillage.                       1312 (1984 and 1995). This final rule                    jurisdiction the affected archaeological
                                                  DATES: This final rule becomes effective                amends TVA’s ARPA regulations by                         resource is located.5
                                                  September 15, 2016.                                     enabling TVA’s law enforcement agents
                                                                                                          to issue petty offense citations for                     III. Comment Period
                                                  FOR FURTHER INFORMATION CONTACT:
                                                  Ralph E. Majors, TVA, 865–632–4176;                     violations of ARPA 1 or AA 2 occurring                      Public comment was sought for a 30-
                                                  or Erin E. Pritchard, TVA, 865–632–                     on lands owned by the United States                      day period following publication of the
                                                  2463.                                                   that are entrusted to TVA.3 The issuance                 proposed amendments in the Federal
                                                                                                          of petty offense citations is consistent                 Register on May 20, 2016 (81 FR 31873).
                                                  SUPPLEMENTARY INFORMATION:
                                                                                                          with the authority granted to TVA’s law                  The comment period closed on June 20,
                                                  I. Legal Authority                                      enforcement agents under the TVA Act,                    2016. No comments were received in
                                                     These amendments are promulgated                     and advances the effective prosecution                   response to the publication of the
                                                  under the authority of the TVA Act, as                  of violations of ARPA and AA.                            proposed amendments.
                                                  amended, 16 U.S.C. 831–831ee, the                         Under the TVA Act, the TVA Board                          The final rule corrects a typographical
                                                  Archaeological Resources Protection                     of Directors ‘‘may designate employees                   error in the proposed rule published on
                                                  Act, 16 U.S.C. 470aa–470mm, and the                     of the Corporation to act as law                         May 20, 2016. The reference to ‘‘Title 8’’
                                                  Antiquities Act of 1906, 16 U.S.C.431,                  enforcement agents’’ to ‘‘make arrests                   in the final sentence of § 1312.22 (on
                                                  432 & 433.                                              without warrant for any offense against                  page 31875 of the proposed rule) has
                                                                                                          the United States committed in the                       been corrected to ‘‘Title 18’’ in this final
                                                  II. Background for the Amendments                                                                                rule.
                                                                                                            1 The prohibitions under ARPA are set out in
                                                     This final rule amends TVA’s                                                                                  IV. Administrative Requirements
                                                                                                          Sections 6(a), 6(b) and 6(c) of the Act. See 16 U.S.C.
                                                  regulations implementing the                            470ee(a), (b) & (c). Any violation of these
                                                  Archaeological Resources Protection Act                 prohibitions is subject to the criminal sanctions
                                                                                                                                                                     A. Unfunded Mandates Reform Act
                                                  of 1979 (Pub. L. 96–95, as amended by                   prescribed in Section 6(d). See 16 U.S.C. 470ee(d).      and various Executive Orders including
                                                  Pub. L. 100–555, Pub. L. 100–588; 93                    TVA’s regulations implementing ARPA replicate            E.O. 12866, Regulatory Planning and
                                                                                                          these prohibitions and criminal sanctions. See 18        Review; E.O. 12898, Federal Actions to
                                                  Stat. 721; 102 Stat. 2983; 16 U.S.C.                    CFR 1312.4.
                                                  470aa–mm) to provide for the issuance                     2 The AA prohibits, among other things, the
                                                                                                                                                                   Address Environmental Justice in
                                                  of petty offense citations by TVA’s law                 excavation, destruction or appropriation of an           Minority Populations and Low-Income
                                                  enforcement agents for violations of                    object of antiquity situated on federal lands without
                                                  ARPA or AA.                                             the permission of the head of the agency having            4 See 16 U.S.C. 831c–3(c)(2) (authorizing TVA’s

                                                                                                          jurisdiction over those lands. See 16 U.S.C. 433.        law enforcement agents to exercise their law
                                                     Section 10(a) of ARPA requires the
asabaliauskas on DSK3SPTVN1PROD with RULES




                                                                                                          Any violation of these provisions is subject to          enforcement duties and powers on non-TVA lands
                                                  Departments of Interior, Agriculture and                criminal sanctions. Id.                                  (1) when the person to be arrested is in the process
                                                                                                            3 Under Section 21(a) of the TVA Act, ‘‘[a]ll          of fleeing to avoid arrest or (2) in conjunction with
                                                    7 Keynote Address of CFTC Commissioner J.             general penal statutes relating to larceny,              the protection of TVA property.)
                                                  Christopher Giancarlo at The Global Forum for           embezzlement, conversion, or to the improper               5 Section 3401 of Title 18, United States Code,

                                                  Derivatives Markets, 35th Annual Burgenstock            handling, retention, use or disposal of . . . property   provides that ‘‘any United States magistrate judge
                                                  Conference, Geneva, Switzerland, Sept. 24, 2014,        of the United States, shall apply to the . . .           shall have jurisdiction to try persons accused of,
                                                  http://www.cftc.gov/PressRoom/                          property of the Corporation and to . . . properties      and sentence persons convicted of, misdemeanors
                                                  SpeechesTestimony/opagiancarlos-1.                      of the United States entrusted to the Corporation.’’     committed within that judicial district.’’ 18 U.S.C.
                                                    8 See generally G–20 Statement.                       16 U.S.C. 831t(a) (emphasis added).                      3401(a).



                                             VerDate Sep<11>2014   18:12 Aug 15, 2016   Jkt 238001   PO 00000   Frm 00022   Fmt 4700   Sfmt 4700   E:\FR\FM\16AUR1.SGM     16AUR1


                                                                    Federal Register / Vol. 81, No. 158 / Tuesday, August 16, 2016 / Rules and Regulations                                              54499

                                                  Populations; E.O. 13045, Protection of                  Reporting and recordkeeping                           Director for that purpose shall have the
                                                  Children from Environmental Health                      requirements.                                         authority to issue a petty offense
                                                  Risks; E.O. 13132, Federalism; E.O.                       For the reasons set out in the                      citation for any such violation, requiring
                                                  13175, Consultation and Coordination                    preamble, 18 CFR part 1312 is amended                 any person charged with the violation to
                                                  with Indian Tribal Governments; and                     as follows:                                           appear before a United States Magistrate
                                                  E.O. 13211, Actions Concerning                                                                                Judge within whose jurisdiction the
                                                  Regulations that Significantly Affect                   PART 1312—PROTECTION OF                               archaeological resource impacted by the
                                                  Energy Supply, Distribution, and Use;                   ARCHAEOLOGICAL RESOURCES:                             violation is located. The term ‘‘petty
                                                  E.O. 12988, Civil Justice Reform Act.                   UNIFORM REGULATIONS                                   offense’’ has the same meaning given
                                                     This final rule amends TVA’s                                                                               that term under section 19 of Title 18,
                                                  regulations for the protection of                       ■  1. The authority citation for Part 1312            United States Code.
                                                  archaeological resources by providing                   is revised to read as follows:                          Dated: August 8, 2016.
                                                  for issuance of petty offense citations by                Authority: Pub. L. 96–95, 93 Stat. 721, as
                                                  TVA’s law enforcement agents for                                                                              Rebecca C. Tolene,
                                                                                                          amended, 102 Stat. 2983 (16 U.S.C. 470aa–
                                                  violations of ARPA or AA. The rule is                                                                         Deputy General Counsel and Vice President,
                                                                                                          mm) (Sec. 10(a) & (b)); 16 U.S.C. 831–831ee
                                                  not subject to Office of Management and                                                                       Natural Resources.
                                                                                                          (2012). Related Authority: Pub. L. 59–209, 34
                                                  Budget Review under Executive Order                     Stat. 225 (16 U.S.C. 432, 433); Pub. L. 86–           [FR Doc. 2016–19343 Filed 8–15–16; 8:45 am]
                                                  12866. The rule contains no Federal                     523, 74 Stat. 220, 221 (16 U.S.C. 469), as            BILLING CODE 8120–08–P
                                                  mandates for State, local, or tribal                    amended, 88 Stat. 174 (1974); Pub. L. 89–665,
                                                  government or for the private sector.                   80 Stat. 915 (16 U.S.C. 470a–t), as amended,
                                                                                                          84 Stat. 204 (1970), 87 Stat. 139 (1973), 90          DEPARTMENT OF HEALTH AND
                                                  TVA has determined that these
                                                                                                          Stat. 1320 (1976), 92 Stat. 3467 (1978), 94
                                                  amendments will not have a significant                                                                        HUMAN SERVICES
                                                                                                          Stat. 2987 (1980); Pub. L. 95–341, 92 Stat.
                                                  annual effect of $100 million or more or                469 (42 U.S.C. 1996)
                                                  result in expenditures of $100 million in                                                                     Food and Drug Administration
                                                  any one year by State, local, or tribal                 ■ 2. In § 1312.1, a sentence is added at
                                                  governments or by the private sector.                   the end of paragraph (a) to read as                   21 CFR Parts 11 and 101
                                                  Nor will the amendments have concerns                   follows:
                                                                                                                                                                [Docket No. FDA–2011–F–0171]
                                                  for environmental health or safety risks                § 1312.1    Purpose.
                                                  that may disproportionately affect                                                                            Calorie Labeling of Articles of Food in
                                                                                                            (a)* * *. The regulations in this part
                                                  children, have significant effect on the                                                                      Vending Machines: Guidance for
                                                                                                          also enable TVA’s law enforcement
                                                  supply, distribution, or use of energy, or                                                                    Industry; Small Entity Compliance
                                                                                                          agents to issue petty offense citations for
                                                  disproportionally impact low-income or                                                                        Guide; Availability
                                                                                                          violations of any provision of 16 U.S.C.
                                                  minority populations. Accordingly, this                 470ee or 16 U.S.C. 433.                               AGENCY:    Food and Drug Administration,
                                                  final rule has no implications for any of
                                                                                                          *     *     *     *     *                             HHS.
                                                  the referenced authorities.
                                                                                                          ■ 3. In § 1312.2, paragraph (c) is added              ACTION:   Notification of availability.
                                                  B. Regulatory Flexibility Act                           to read as follows:
                                                                                                                                                                SUMMARY:    The Food and Drug
                                                     Under the Regulatory Flexibility Act,
                                                                                                          § 1312.2    Authority.                                Administration (FDA or we) is
                                                  5 U.S.C. 601 et seq., TVA is required to
                                                                                                          *      *    *     *     *                             announcing the availability of a
                                                  prepare a regulatory flexibility analysis
                                                                                                             (c) Provisions pertaining to the                   guidance for industry entitled ‘‘Calorie
                                                  unless the head of the agency certifies
                                                                                                          issuance of petty offense citations are               Labeling of Articles of Food in Vending
                                                  that the proposal will not have a
                                                                                                          based on the duties and powers                        Machines—Small Entity Compliance
                                                  significant economic impact on a
                                                                                                          assigned to TVA’s law enforcement                     Guide.’’ The small entity compliance
                                                  substantial number of small entities.
                                                                                                          agents under 16 U.S.C. 831–831ee.                     guide (SECG) is intended to help small
                                                  TVA’s Chief Executive Officer has
                                                                                                                                                                entities comply with the final rule
                                                  certified that the amendments                           ■ 4. In § 1312.3, paragraph (j) is added
                                                                                                                                                                entitled ‘‘Food Labeling; Calorie
                                                  promulgated in this final rule will not                 to read as follows:
                                                                                                                                                                Labeling of Articles of Food in Vending
                                                  have a significant economic impact on
                                                                                                          § 1312.3    Definitions.                              Machines.’’
                                                  a substantial number of small entities
                                                  within the meaning of the Regulatory                    *     *     *    *     *                              DATES: Submit either electronic or
                                                  Flexibility Act. This determination is                    (j) Director means the Director of TVA              written comments on FDA guidances at
                                                  based on the finding that the                           Police and Emergency Management                       any time.
                                                  amendments are directed toward                          assigned the function and responsibility              ADDRESSES: You may submit comments
                                                  Federal resource management to help                     of supervising TVA employees                          as follows:
                                                  prevent loss or destruction of                          designated as law enforcement agents
                                                                                                          under 16 U.S.C. 831c–3(a).                            Electronic Submissions
                                                  archaeological resources, with no
                                                  economic impact on the public.                          ■ 5. Section 1312.22 is added to read as                Submit electronic comments in the
                                                                                                          follows:                                              following way:
                                                  C. Paperwork Reduction Act of 1995 (44                                                                          • Federal eRulemaking Portal: http://
                                                  U.S.C. 3501 et seq.)                                    § 1312.22 Issuance of citations for petty             www.regulations.gov. Follow the
                                                    This rule does not contain                            offenses.                                             instructions for submitting comments.
asabaliauskas on DSK3SPTVN1PROD with RULES




                                                  information collection requirements that                   Any person who violates any                        Comments submitted electronically,
                                                  require approval by OMB under the                       provision contained in 16 U.S.C. 470ee                including attachments, to http://
                                                  Paperwork Reduction Act.                                or 16 U.S.C. 433 in the presence of a                 www.regulations.gov will be posted to
                                                                                                          TVA law enforcement agent may be                      the docket unchanged. Because your
                                                  List of Subjects in 18 CFR Part 1312                    tried and sentenced in accordance with                comment will be made public, you are
                                                    Administrative practice and                           the provisions of section 3401 of Title               solely responsible for ensuring that your
                                                  procedure, Historic Preservation,                       18, United States Code. Law                           comment does not include any
                                                  Indians—lands, Penalties, Public Lands,                 enforcement agents designated by the                  confidential information that you or a


                                             VerDate Sep<11>2014   18:12 Aug 15, 2016   Jkt 238001   PO 00000   Frm 00023   Fmt 4700   Sfmt 4700   E:\FR\FM\16AUR1.SGM   16AUR1



Document Created: 2016-08-16 03:20:18
Document Modified: 2016-08-16 03:20:18
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
ActionFinal rule.
DatesThis final rule becomes effective September 15, 2016.
ContactRalph E. Majors, TVA, 865-632-4176; or Erin E. Pritchard, TVA, 865-632-2463.
FR Citation81 FR 54498 
CFR AssociatedAdministrative Practice and Procedure; Historic Preservation; Indians-Lands; Penalties; Public Lands and Reporting and Recordkeeping Requirements

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