82 FR 10709 - 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 82, Issue 30 (February 15, 2017)
Bureau of Ocean Energy Management
Federal Register Volume 82, Issue 30 (February 15, 2017)
| Page Range | 10709-10711 | |
| FR Document | 2017-02983 |
[Federal Register Volume 82, Number 30 (Wednesday, February 15, 2017)] [Rules and Regulations] [Pages 10709-10711] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-02983] [[Page 10709]] ======================================================================= ----------------------------------------------------------------------- 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: Final rule. ----------------------------------------------------------------------- SUMMARY: This rule adopts and finalizes the interim final rule which adjusted the level of the maximum civil monetary penalties contained in the Bureau of Ocean Energy Management (BOEM) regulations pursuant to the Outer Continental Shelf Lands Act (OCSLA), the Oil Pollution Act of 1990 (OPA), the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (FCPIA of 2015), and Office of Management and Budget (OMB) guidance. This rule also implements the 2017 adjustment of the level of the maximum civil monetary penalties contained in the BOEM regulations pursuant to OCSLA, OPA, FCPIA of 2015 and OMB guidance. The 2017 adjustment of 1.01636 percent accounts for one year of inflation spanning from October 2015 to October 2016. DATES: This rule is effective on February 15, 2017. FOR FURTHER INFORMATION CONTACT: Robert Sebastian, Office of Policy, Regulation and Analysis, Bureau of Ocean Energy Management, at (202) 513-0507 or by email at [email protected]. SUPPLEMENTARY INFORMATION: I. Background II. 2016 Adjustments and Interim Final Rule III. Calculation of 2017 Adjustments IV. 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) 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 (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 four years. Similarly, the Oil Pollution Act of 1990 (OPA) 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. The FCPIA of 2015 requires Federal agencies to promulgate annual inflation adjustments for civil monetary penalties. Specifically, agencies must adjust the level of civil monetary penalties with an initial ``catch-up'' adjustment through an interim final rulemaking (IFR) in 2016, and make subsequent annual adjustments for inflation, beginning in 2017. Agencies are required to publish the annual inflation adjustments in the Federal Register by no later than January 15, 2017, and by no later than January 15 each subsequent year. The purpose of these adjustments is to maintain the deterrent effect of civil penalties and to further the policy goals of the underlying statutes. OMB Memorandum M-17-11 (Implementation of the 2017 annual adjustment pursuant to the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015), which can be found at https://www.whitehouse.gov/sites/default/files/omb/memoranda/2017/m-17-11_0.pdf, explains agency responsibilities for: Identifying applicable penalties and performing the annual adjustment; publishing in the Federal Register; finalizing 2016 interim final rules; applying adjusted penalty levels; and performing agency oversight of inflation adjustments. BOEM is promulgating this 2017 inflation adjustment for civil penalties as a final rule pursuant to the provisions of the FCPIA of 2015 and OMB guidance. A proposed rule is not required because the FCPIA of 2015 states that agencies shall adjust civil monetary penalties ``notwithstanding Section 553 of the Administrative Procedure Act.'' (FCPIA of 2015 at sec. 4(b)(2)). Accordingly, Congress expressly exempted the annual inflation adjustments implemented pursuant to the FCPIA of 2015 from the pre-promulgation notice and comment requirements of the Administrative Procedure Act (APA), allowing them to be published as a final rule. This interpretation of the statute is confirmed by OMB Memorandum M-17-11. (OMB Memorandum M-17-11 at 3 (``This means that the public procedure the APA generally requires-- notice, an opportunity for comment, and a delay in effective date--is not required for agencies to issue regulations implementing the annual adjustment.'')). II. 2016 Adjustments and Interim Final Rule BOEM last adjusted the level of civil monetary penalties in BOEM regulations through an interim final rule (IFR), RIN 1010-AD95 [81 FR 43066], which was published on July 1, 2016, and became effective on August 1, 2016. The IFR included catch-up adjustments pursuant to the requirements of the FCPIA of 2015 and OMB guidance through October 2015. Although the IFR was effective as of August 1, 2016, the IFR included a request for public comments. The public comment period closed on August 30, 2016. BOEM received no comments on the IFR and is therefore finalizing that rulemaking as originally implemented by the IFR. OMB Memorandum M-17-11 authorizes agencies to finalize their 2016 inflation adjustment IFR in the same rulemaking as the 2017 adjustments. III. Calculation of 2017 Adjustments Under the FCPIA of 2015 and the guidance provided in OMB Memorandum M-17-11, BOEM has identified applicable civil monetary penalties and calculated the necessary inflation adjustments. The 2016 adjustments were based upon 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. The 2017 adjustments are based on the percent change between the October CPI-U preceding the date of the adjustment, and the prior year's October CPI-U. Consistent with the OMB Memorandum M-17-11, BOEM divided the October 2016 CPI-U by the October 2015 CPI-U (241.729/237.838). This resulted in a multiplying factor of 1.01636. For 2017, OCSLA and the FCPIA of 2015 require that BOEM adjust the OCSLA maximum civil penalty amount. [[Page 10710]] To accomplish this, BOEM multiplied the existing OCSLA maximum civil penalty amount ($42,017) by the multiplying factor ($42,017 x 1.01636 = $42,704.40). 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 $42,704. For 2017, the FCPIA of 2015 requires that BOEM adjust the OPA maximum civil penalty amount. The statutory OPA maximum civil penalty amount ($44,539) was multiplied by the multiplying factor (44,539 x 1.01636 = $45,267.66). 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 $45,268. The adjusted penalty levels shall take effect immediately upon the effective date of the adjustment. Pursuant to the FCPIA of 2015, the increase in the OCSLA and OPA maximum civil penalty amounts apply to civil penalties assessed after the date the increase takes effect, even if the associated violation(s) predates such increase. Consistent with the provisions of the OCSLA, OPA 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 per $42,017 1.01636 $42,704 day per violation. 30 CFR 553.51(a)...................... Failure to comply per 44,539 1.01636 45,268 day per violation. ---------------------------------------------------------------------------------------------------------------- IV. 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 (OIRA) in the Office of Management and Budget (OMB) will review all significant rules. OIRA has determined that this rule is not significant. (See OMB Memorandum M-17-11 at 3). E.O. 13563 reaffirms the principles of E.O. 12866 while calling for improvements in the nation's regulatory system to reduce uncertainty and to promote predictability and the use of the best, most innovative, and least burdensome tools for achieving regulatory ends. E.O. 13563 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. 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 FCPIA of 2015 expressly exempts annual inflation adjustments from the requirement to publish a proposed rule for notice and comment. (See FCPIA of 2015 at Sec. 4(b)(2); OMB Memorandum M-17-11 at 3). 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; and (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 E.O. 12630. Therefore, a takings implication assessment is not required. F. Federalism (E.O. 13132) Under the criteria in section 1 of E.O. 13132, this rule does not have sufficient federalism implications to warrant the preparation of a federalism summary impact statement. Therefore, 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: (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 of the Interior's consultation policy, under Departmental Manual Part 512, Chapters 4 and 5, and under the criteria in E.O. 13175. We have determined that it has no substantial direct effects on Federally-recognized Indian tribes or Alaska Native Claims Settlement Act (ANCSA) Corporations, and that consultation under the Department of the Interior's tribal and ANCSA consultation policies 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. [[Page 10711]] 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)). As a regulation of an administrative nature, this rule is covered by a categorical exclusion (see 43 CFR 46.210(i)). Therefore, a detailed statement under NEPA is not required. 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. Therefore, a Statement of Energy Effects is not required. List of Subjects 30 CFR Part 550 Administrative practice and procedure, Continental shelf, Environmental impact statements, Environmental protection, Federal lands, Government contracts, Investigations, Mineral resources, Oil and gas exploration, Outer continental shelf, Penalties, Pipelines, Reporting and recordkeeping requirements, Rights-of-way, Reporting and recordkeeping requirements, Sulphur. 30 CFR Part 553 Administrative practice and procedure, Continental shelf, Financial responsibility, Outer continental shelf, Oil and gas exploration, Oil pollution, Liability, Limit of liability, Penalties, Pipelines, Reporting and recordkeeping requirements, Rights-of-way, Surety bonds, Treasury securities. Dated: February 3, 2017. Richard T. Cardinale, Acting Assistant Secretary--Land and Minerals Management. For the reasons stated in the preamble, the BOEM adopts as final the interim final rule amending 30 CFR parts 550 and 553, which was published at 81 FR 43066 on July 1, 2016, as a final rule with the following changes: PART 550--OIL AND GAS AND SULPHUR OPERATIONS IN THE OUTER CONTINENTAL SHELF 0 1. The authority citation for part 550 continues 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 $42,704 per day per violation. PART 553--OIL SPILL FINANCIAL RESPONSIBILITY FOR OFFSHORE FACILITIES 0 3. The authority citation for part 553 continues 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 $45,268 per COF per day of violation (that is, each day a COF is operated without acceptable evidence of OSFR). * * * * * [FR Doc. 2017-02983 Filed 2-14-17; 8:45 am] BILLING CODE 4310-MR-P
![Federal Register / Vol. 82, No. 30 / Wednesday, February 15, 2017 / Rules and Regulations 10709
DEPARTMENT OF THE INTERIOR Interior to adjust the OCSLA maximum the FCPIA of 2015 from the pre-
civil penalty amount at least once every promulgation notice and comment
Bureau of Ocean Energy Management three years to reflect any increase in the requirements of the Administrative
Consumer Price Index to account for Procedure Act (APA), allowing them to
30 CFR Parts 550 and 553 inflation (43 U.S.C. 1350(b)(1)). The be published as a final rule. This
[Docket ID: BOEM–2016–0055; Federal Civil Penalties Inflation interpretation of the statute is confirmed
MMAA104000] Adjustment Act of 1990 (Pub. L. 104– by OMB Memorandum M–17–11. (OMB
410) (FCPIA of 1990) required that all Memorandum M–17–11 at 3 (‘‘This
RIN 1010–AD95 civil monetary penalties, including the means that the public procedure the
OCSLA maximum civil penalty amount, APA generally requires—notice, an
Oil and Gas and Sulphur Operations in
be adjusted at least once every four opportunity for comment, and a delay in
the Outer Continental Shelf—Civil years. effective date—is not required for
Penalties Inflation Adjustments Similarly, the Oil Pollution Act of agencies to issue regulations
AGENCY: Bureau of Ocean Energy 1990 (OPA) authorizes the Secretary of implementing the annual
Management, Interior. the Interior to impose civil penalties for adjustment.’’)).
ACTION: Final rule. failure to comply with financial
responsibility regulations that II. 2016 Adjustments and Interim Final
SUMMARY: This rule adopts and finalizes implement OPA. The FCPIA of 1990 Rule
the interim final rule which adjusted the required that all civil monetary BOEM last adjusted the level of civil
level of the maximum civil monetary penalties, including the OPA maximum monetary penalties in BOEM regulations
penalties contained in the Bureau of civil penalty amount, be adjusted at through an interim final rule (IFR), RIN
Ocean Energy Management (BOEM) least once every four years. 1010–AD95 [81 FR 43066], which was
regulations pursuant to the Outer The FCPIA of 2015 requires Federal published on July 1, 2016, and became
Continental Shelf Lands Act (OCSLA), agencies to promulgate annual inflation effective on August 1, 2016. The IFR
the Oil Pollution Act of 1990 (OPA), the adjustments for civil monetary included catch-up adjustments pursuant
Federal Civil Penalties Inflation penalties. Specifically, agencies must to the requirements of the FCPIA of
Adjustment Act Improvements Act of adjust the level of civil monetary 2015 and OMB guidance through
2015 (FCPIA of 2015), and Office of penalties with an initial ‘‘catch-up’’ October 2015. Although the IFR was
Management and Budget (OMB) adjustment through an interim final effective as of August 1, 2016, the IFR
guidance. This rule also implements the rulemaking (IFR) in 2016, and make included a request for public comments.
2017 adjustment of the level of the subsequent annual adjustments for The public comment period closed on
maximum civil monetary penalties inflation, beginning in 2017. Agencies August 30, 2016. BOEM received no
contained in the BOEM regulations are required to publish the annual comments on the IFR and is therefore
pursuant to OCSLA, OPA, FCPIA of inflation adjustments in the Federal finalizing that rulemaking as originally
2015 and OMB guidance. The 2017 Register by no later than January 15, implemented by the IFR. OMB
adjustment of 1.01636 percent accounts 2017, and by no later than January 15 Memorandum M–17–11 authorizes
for one year of inflation spanning from each subsequent year. The purpose of agencies to finalize their 2016 inflation
October 2015 to October 2016. these adjustments is to maintain the adjustment IFR in the same rulemaking
DATES: This rule is effective on February deterrent effect of civil penalties and to as the 2017 adjustments.
15, 2017. further the policy goals of the
III. Calculation of 2017 Adjustments
underlying statutes.
FOR FURTHER INFORMATION CONTACT: Under the FCPIA of 2015 and the
OMB Memorandum M–17–11
Robert Sebastian, Office of Policy, (Implementation of the 2017 annual guidance provided in OMB
Regulation and Analysis, Bureau of adjustment pursuant to the Federal Civil Memorandum M–17–11, BOEM has
Ocean Energy Management, at (202) Penalties Inflation Adjustment Act identified applicable civil monetary
513–0507 or by email at Improvements Act of 2015), which can penalties and calculated the necessary
robert.sebastian@boem.gov. be found at https://www.whitehouse. inflation adjustments. The 2016
SUPPLEMENTARY INFORMATION: gov/sites/default/files/omb/memoranda/ adjustments were based upon the
I. Background 2017/m-17-11_0.pdf, explains agency percent change between the Consumer
II. 2016 Adjustments and Interim Final Rule responsibilities for: Identifying Price Index for all Urban Consumers
III. Calculation of 2017 Adjustments applicable penalties and performing the (CPI–U) for the month of October in the
IV. Procedural Requirements annual adjustment; publishing in the calendar year of the previous
A. Regulatory Planning and Review (E.O.
12866 and 13563)
Federal Register; finalizing 2016 adjustment (or in the year of
B. Regulatory Flexibility Act interim final rules; applying adjusted establishment, if subsequent
C. Small Business Regulatory Enforcement penalty levels; and performing agency adjustments were made pursuant to the
Fairness Act oversight of inflation adjustments. FCPIA of 1990) and the October 2015
D. Unfunded Mandates Reform Act BOEM is promulgating this 2017 CPI–U. The 2017 adjustments are based
E. Takings (E.O. 12630) inflation adjustment for civil penalties on the percent change between the
F. Federalism (E.O. 13132) as a final rule pursuant to the provisions October CPI–U preceding the date of the
G. Civil Justice Reform (E.O. 12988) of the FCPIA of 2015 and OMB adjustment, and the prior year’s October
H. Consultation With Indian Tribes (E.O. guidance. A proposed rule is not CPI–U. Consistent with the OMB
13175 and Departmental Policy)
required because the FCPIA of 2015 Memorandum M–17–11, BOEM divided
I. Paperwork Reduction Act
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J. National Environmental Policy Act states that agencies shall adjust civil the October 2016 CPI–U by the October
K. Effects on the Energy Supply (E.O. monetary penalties ‘‘notwithstanding 2015 CPI–U (241.729/237.838). This
13211) Section 553 of the Administrative resulted in a multiplying factor of
Procedure Act.’’ (FCPIA of 2015 at sec. 1.01636.
I. Background 4(b)(2)). Accordingly, Congress For 2017, OCSLA and the FCPIA of
The Outer Continental Shelf Lands expressly exempted the annual inflation 2015 require that BOEM adjust the
Act (OCSLA) directs the Secretary of the adjustments implemented pursuant to OCSLA maximum civil penalty amount.
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J. National Environmental Policy Act ■ 2. Revise § 550.1403 to read as Office of Air Quality Planning and
This rule does not constitute a major follows: Standards, Air Quality Assessment
Federal action significantly affecting the Division, Measurement Technology
§ 550.1403 What is the maximum civil Group (E143–02), Research Triangle
quality of the human environment. A penalty?
detailed statement under the National Park, NC 27711; telephone number:
The maximum civil penalty is (919) 541–1158; fax number: (919) 541–
Environmental Policy Act of 1969 $42,704 per day per violation.
(NEPA) is not required because the rule 0516; email address: garnett.kim@
is covered by a categorical exclusion epa.gov.
PART 553—OIL SPILL FINANCIAL
(see 43 CFR 46.210(i)). As a regulation RESPONSIBILITY FOR OFFSHORE SUPPLEMENTARY INFORMATION: The direct
of an administrative nature, this rule is FACILITIES final rule, ‘‘Revisions to Procedure 2—
covered by a categorical exclusion (see Quality Assurance Requirements for
43 CFR 46.210(i)). Therefore, a detailed ■ 3. The authority citation for part 553 Particulate Matter Continuous Emission
statement under NEPA is not required. continues to read as follows: Monitoring Systems at Stationary
We have also determined that the rule Authority: 33 U.S.C. 2704, 2716; E.O. Sources,’’ published on November 21,
does not involve any of the 12777, as amended. 2016, at 81 FR 83160. We stated in that
extraordinary circumstances listed in 43 direct final rule that if we received
CFR 46.215 that would require further ■ 4. In § 553.51, revise paragraph (a) to
adverse comment by December 21,
analysis under NEPA. read as follows:
2016, the direct final rule would not
K. Effects on the Energy Supply (E.O. § 553.51 What are the penalties for not take effect and we would publish a
13211) complying with this part? timely withdrawal in the Federal
(a) If you fail to comply with the Register. We subsequently received
This rule is not a significant energy adverse comment on that direct final
action under the definition in E.O. financial responsibility requirements of
OPA at 33 U.S.C. 2716 or with the rule requesting that the EPA delete or
13211. Therefore, a Statement of Energy reserve section(s) in the rule that
Effects is not required. requirements of this part, then you may
be liable for a civil penalty of up to conflict with the intended revisions. We
List of Subjects $45,268 per COF per day of violation will address the comment in a
(that is, each day a COF is operated subsequent final action, which will be
30 CFR Part 550
without acceptable evidence of OSFR). based on the parallel proposed rule also
Administrative practice and published on November 21, 2016, at 81
procedure, Continental shelf, * * * * *
[FR Doc. 2017–02983 Filed 2–14–17; 8:45 am] FR 83189. As stated in the direct final
Environmental impact statements, rule and the parallel proposed rule, we
BILLING CODE 4310–MR–P
Environmental protection, Federal will not institute a second comment
lands, Government contracts, period on this action.
Investigations, Mineral resources, Oil
and gas exploration, Outer continental ENVIRONMENTAL PROTECTION List of Subjects in 40 CFR Part 60
shelf, Penalties, Pipelines, Reporting AGENCY Environmental protection,
and recordkeeping requirements, Rights- Administrative practice and procedure,
of-way, Reporting and recordkeeping 40 CFR Part 60
Air pollution control, Continuous
requirements, Sulphur. [EPA–HQ–OAR–2016–0382; FRL–9959–43– emission monitoring systems,
OAR] Particulate matter, Procedures.
30 CFR Part 553
RIN 2060–AT15 Dated: February 8, 2017.
Administrative practice and
procedure, Continental shelf, Financial Sarah Dunham,
Revisions to Procedure 2—Quality Acting Assistant Administrator.
responsibility, Outer continental shelf, Assurance Requirements for
Oil and gas exploration, Oil pollution, Particulate Matter Continuous [FR Doc. 2017–03063 Filed 2–14–17; 8:45 am]
Liability, Limit of liability, Penalties, Emission Monitoring Systems at BILLING CODE 6560–50–P
Pipelines, Reporting and recordkeeping Stationary Sources
requirements, Rights-of-way, Surety
bonds, Treasury securities. AGENCY: Environmental Protection ENVIRONMENTAL PROTECTION
Dated: February 3, 2017. Agency (EPA). AGENCY
Richard T. Cardinale, ACTION: Withdrawal of direct final rule.
40 CFR Part 97
Acting Assistant Secretary—Land and
Minerals Management.
SUMMARY: Because the Environmental [FRL–9959–26–OAR]
Protection Agency (EPA) received an
For the reasons stated in the adverse comment, we are withdrawing Allocations of Cross-State Air
preamble, the BOEM adopts as final the the direct final rule titled, ‘‘Revisions to Pollution Rule Allowances From New
interim final rule amending 30 CFR Procedure 2—Quality Assurance Unit Set-Asides for the 2016
parts 550 and 553, which was published Requirements for Particulate Matter Compliance Year
at 81 FR 43066 on July 1, 2016, as a final Continuous Emission Monitoring
rule with the following changes: Systems at Stationary Sources.’’ AGENCY: Environmental Protection
Agency (EPA).
PART 550—OIL AND GAS AND DATES: Effective February 15, 2017, the
ACTION: Notice of data availability
mstockstill on DSK3G9T082PROD with RULES
SULPHUR OPERATIONS IN THE EPA withdraws the direct final rule
(NODA).
OUTER CONTINENTAL SHELF published at 81 FR 83160, on November
21, 2016. SUMMARY: The Environmental Protection
■ 1. The authority citation for part 550 FOR FURTHER INFORMATION CONTACT: Agency (EPA) is providing notice of
continues to read as follows: Questions concerning this action should emission allowance allocations to
Authority: 30 U.S.C. 1751; 31 U.S.C. 9701; be addressed to Ms. Kimberly Garnett, certain units under the new unit set-
43 U.S.C. 1334. U.S. Environmental Protection Agency, aside (NUSA) provisions of the Cross-
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Document Created: 2017-02-15 00:55:09
Document Modified: 2017-02-15 00:55:09
| 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 | Final rule. | |
| Dates | This rule is effective on February 15, 2017. | |
| Contact | Robert Sebastian, Office of Policy, Regulation and Analysis, Bureau of Ocean Energy Management, at (202) 513-0507 or by email at [email protected] | |
| FR Citation | 82 FR 10709 | |
| 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; Mineral Resources; Oil and Gas Exploration; Outer Continental Shelf; Penalties; Pipelines; Reporting and Recordkeeping Requirements; Rights-Of-Way; Sulphur; Financial Responsibility; Oil Pollution; Liability; Limit of Liability; Surety Bonds and Treasury Securities |
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