82_FR_10895 82 FR 10864 - RIN 1024-AE37

82 FR 10864 - RIN 1024-AE37

DEPARTMENT OF THE INTERIOR
Office of the Secretary of the Interior

Federal Register Volume 82, Issue 31 (February 16, 2017)

Page Range10864-10866
FR Document2017-03138

This rule revises U.S. Department of the Interior regulations implementing the Native American Graves Protection and Repatriation Act to provide for annual adjustments of civil penalties to account for inflation under the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 and Office of Management and Budget guidance. The purpose of these adjustments is to maintain the deterrent effect of civil penalties and to further the policy goals of the underlying statutes.

Federal Register, Volume 82 Issue 31 (Thursday, February 16, 2017)
[Federal Register Volume 82, Number 31 (Thursday, February 16, 2017)]
[Rules and Regulations]
[Pages 10864-10866]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-03138]


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

DEPARTMENT OF THE INTERIOR

Office of the Secretary of the Interior

43 CFR Part 10

[NPS-WASO-NAGPRA-22726; GPO Deposit Acct. 4311H2]


RIN 1024-AE37

Civil Penalties Inflation Adjustments

AGENCY: Office of the Secretary, Interior.

ACTION: Final rule.

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

SUMMARY: This rule revises U.S. Department of the Interior regulations 
implementing the Native American Graves Protection and Repatriation Act 
to provide for annual adjustments of civil penalties to account for 
inflation under the Federal Civil Penalties Inflation Adjustment Act 
Improvements Act of 2015 and Office of Management and Budget guidance. 
The purpose of these adjustments is to maintain the deterrent effect of 
civil penalties and to further the policy goals of the underlying 
statutes.

DATES: This rule is effective on February 16, 2017.

FOR FURTHER INFORMATION CONTACT: Melanie O'Brien, Manager, National 
NAGPRA Program, National Park Service, 1849 C Street NW., Washington, 
DC 20240.

SUPPLEMENTARY INFORMATION: 

I. Background

    On November 2, 2015, the President signed into law the Federal 
Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (Sec. 
701 of Pub. L. 114-74) (``the Act''). The Act requires Federal agencies 
to adjust the level of civil monetary penalties with an initial 
``catch-up'' adjustment through rulemaking and then make subsequent 
annual adjustments for inflation no later than January 15 of each year.
    The Office of Management and Budget (OMB) issued guidance for 
Federal agencies on calculating the catch-up adjustment. See February 
24, 2016, Memorandum for the Heads of Executive Departments and 
Agencies, from Shaun Donovan, Director, Office of Management and 
Budget, re: Implementation of the Federal Civil Penalties Inflation 
Adjustment Act Improvements Act of 2015 (M-16-06). Under the guidance, 
the U.S. Department of the Interior (Department) identified applicable 
civil monetary penalties and calculated the catch-up adjustment. 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 
catch-up adjustment was based on the percent change between the 
Consumer Price Index for all Urban Consumers (CPI0-U) for the month of 
October in the year of the previous adjustment (or in the year of 
establishment, if no adjustment has been made) and the October 2015 
CPI-U.
    The Department issued an interim final rule providing for 
calculated catch-up adjustments to civil monetary penalties contained 
in regulations

[[Page 10865]]

implementing the Native American Graves Protection and Repatriation Act 
(NAGPRA) on June 28, 2016 (81 FR 41858) and requested comments post-
promulgation. The Department issued a correcting amendment to the 
interim final rule on September 20, 2016 (81 FR 64356) that adjusted 
the following civil monetary penalties, effective on September 20, 
2016:

----------------------------------------------------------------------------------------------------------------
                                           Description of the         Current         Catchup        Adjusted
             CFR citation                        penalty              penalty       adjustment        penalty
----------------------------------------------------------------------------------------------------------------
43 CFR 10.12(g)(2)....................  Failure of Museum to              $5,000          $1,428          $6,428
                                         Comply.
43 CFR 10.12(g)(3)....................  Continued Failure to               1,000             268           1,286
                                         Comply Per Day.
----------------------------------------------------------------------------------------------------------------

II. Calculation of Annual Adjustments

    OMB recently issued guidance to assist Federal agencies in 
implementing the annual adjustments required by the Act which agencies 
must complete by January 15, 2017. See December 16, 2016, Memorandum 
for the Heads of Executive Departments and Agencies, from Shaun 
Donovan, Director, Office of Management and Budget, re: Implementation 
of the 2017 annual adjustment pursuant to the Federal Civil Penalties 
Inflation Adjustment Act Improvements Act of 2015 (M-17-11). The 
guidance states that the cost-of-living adjustment multiplier for 2017, 
based on the Consumer Price Index (CPI-U) for the month of October 
2016, not seasonally adjusted, is 1.01636. (The annual inflation 
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. For 2017, OMB explains, October 2016 CPI-U (241.729) / October 2015 
CPI-U (237.838) = 1.01636.) The guidance instructs agencies to complete 
the 2017 annual adjustment by multiplying each applicable penalty by 
the multiplier, 1.01636, and rounding to the nearest dollar. Further, 
the guidance instructs agencies to apply the multiplier to the most 
recent penalty amount that includes the catch-up adjustment required by 
the Act.
    The annual adjustment applies to all civil monetary penalties with 
a dollar amount that are subject to the Act. This final rule adjusts 
the following civil monetary penalties contained in the Department 
regulations implementing NAGPRA for 2017 by multiplying 1.01636 (i.e., 
the cost-of-living adjustment multiplier for 2017) by each penalty 
amount as updated by the catch-up adjustment made in 2016:

----------------------------------------------------------------------------------------------------------------
                                                                      Current
                                                                      penalty         Annual
             CFR citation                  Description of the        including      adjustment       Adjusted
                                                 penalty             catch-up      (multiplier)       penalty
                                                                    adjustment
----------------------------------------------------------------------------------------------------------------
43 CFR 10.12(g)(2)....................  Failure of Museum to              $6,428         1.01636          $6,533
                                         Comply.
43 CFR 10.12(g)(3)....................  Continued Failure to               1,286         1.01636           1,307
                                         Comply Per Day.
----------------------------------------------------------------------------------------------------------------

    Consistent with the Act, the adjusted penalty levels for 2017 will 
take effect immediately upon the effective date of the adjustment. The 
adjusted penalty levels for 2017 will apply to penalties assessed after 
that date including, if consistent with agency policy, assessments 
associated with violations that occurred on or after November 2, 2015. 
The Act does not, however, change previously assessed penalties that 
the Department is collecting or has collected. Nor does the Act change 
an agency's existing statutory authorities to adjust penalties.

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.

B. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) requires an agency to prepare 
a regulatory flexibility analysis for 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 RFA does not apply to this final rule 
because the Office of the Secretary is not required to publish a 
proposed rule for the reasons explained below in Section III.L.

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) Does 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) Does 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

[[Page 10866]]

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 taking 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 Order 13132, 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 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's consultation policy 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.

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. This 
rule is excluded from the requirement to prepare a detailed statement 
because it is a regulation of an administrative nature. (For further 
information see 43 CFR 46.210(i).) 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. Administrative Procedure Act

    The Act requires agencies to publish annual inflation adjustments 
by no later than January 15, 2017, and by no later than January 15 each 
subsequent year, notwithstanding section 553 of the Administrative 
Procedure Act (APA) (5 U.S.C. 553). OMB has interpreted this direction 
to mean that the usual APA public procedure for rulemaking--which 
includes public notice of a proposed rule, an opportunity for public 
comment, and a delay in the effective date of a final rule--is not 
required when agencies issue regulations to implement the annual 
adjustments to civil penalties that the Act requires. Accordingly, we 
are issuing the 2017 annual adjustments as a final rule without prior 
notice or an opportunity for comment and with an effective date 
immediately upon publication in the Federal Register.

List of Subjects in 43 CFR Part 10

    Administrative practice and procedure, Hawaiian Natives, Historic 
preservation, Indians--claims, Indians--lands, Museums, Penalties, 
Public lands, Reporting and recordkeeping requirements.

    For the reasons given in the preamble, the Office of the Secretary 
amends 43 CFR part 10 as follows.

PART 10--NATIVE AMERICAN GRAVES PROTECTION AND REPATRIATION 
REGULATIONS

0
1. The authority citation for part 10 continues to read as follows:

    Authority: 16 U.S.C. 470dd; 25 U.S.C. 9, 3001 et seq.


Sec.  10.12   [Amended]

0
2. In Sec.  10.12, in paragraph (g)(2) introductory text, remove 
``$6,428'' and add in its place ``$6,533'' and in paragraph (g)(3), 
remove ``$1,286'' and add in its place ``$1,307''.

Maureen Foster,
Acting Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 2017-03138 Filed 2-15-17; 8:45 am]
 BILLING CODE 4312-52-P



                                                10864            Federal Register / Vol. 82, No. 31 / Thursday, February 16, 2017 / Rules and Regulations

                                                comment on this delay would have been                   DATES: The effective date for the final               under the Federal Civil Penalties
                                                impractical, as well as contrary to the                 rule published January 19, 2017, at 82                Inflation Adjustment Act Improvements
                                                public interest in the orderly                          FR 6278, is delayed until March 21,                   Act of 2015 and Office of Management
                                                promulgation and implementation of                      2017.                                                 and Budget guidance. The purpose of
                                                regulations.                                            FOR FURTHER INFORMATION CONTACT:   Dr.                these adjustments is to maintain the
                                                  This notice does not impact the                                                                             deterrent effect of civil penalties and to
                                                                                                        Samuel S. Edwin, Director, Division of
                                                Supplemental Notice of Proposed                                                                               further the policy goals of the
                                                                                                        Select Agents and Toxins, Centers for
                                                Rulemaking (SNPRM) also entitled                                                                              underlying statutes.
                                                                                                        Disease Control and Prevention, 1600
                                                Confidentiality of Substance Use                                                                              DATES: This rule is effective on February
                                                Disorder Patient Records and issued on                  Clifton Road NE., MS A–46, Atlanta,
                                                                                                        Georgia, 30329. Telephone: 404–718–                   16, 2017.
                                                January 18, 2017 (82 FR 5485). The
                                                                                                        2000.                                                 FOR FURTHER INFORMATION CONTACT:
                                                SNPRM proposes for public comment
                                                                                                                                                              Melanie O’Brien, Manager, National
                                                additional provisions beyond those in                   SUPPLEMENTARY INFORMATION:       On
                                                                                                                                                              NAGPRA Program, National Park
                                                the final rule to clarify the scope of                  January 19, 2017, HHS/CDC published a
                                                                                                                                                              Service, 1849 C Street NW.,
                                                permissible disclosures to contractors,                 final rule titled ‘‘Possession, Use, and
                                                                                                                                                              Washington, DC 20240.
                                                subcontractors, and legal                               Transfer of Select Agents and Toxins;
                                                representatives. The SNPRM comment                      Biennial Review and Enhanced                          SUPPLEMENTARY INFORMATION:
                                                period will remain unchanged and will                   Biosafety Requirements’’ (82 FR 6278)                 I. Background
                                                close on February 17, 2017.                             with an effective date of February 21,
                                                                                                                                                                 On November 2, 2015, the President
                                                  Dated: February 10, 2017.                             2017. With this document, HHS/CDC
                                                                                                                                                              signed into law the Federal Civil
                                                Kana Enomoto,                                           announces a new effective date of
                                                                                                                                                              Penalties Inflation Adjustment Act
                                                Acting Deputy Assistant Secretary for Mental            March 21, 2017 for this final rule. In a
                                                                                                                                                              Improvements Act of 2015 (Sec. 701 of
                                                Health and Substance Use.                               companion document published in this
                                                                                                                                                              Pub. L. 114–74) (‘‘the Act’’). The Act
                                                                                                        issue of the Federal Register, the U.S.
                                                Approved:                                                                                                     requires Federal agencies to adjust the
                                                                                                        Department of Agriculture (USDA) is
                                                Thomas E. Price, M.D.,                                                                                        level of civil monetary penalties with an
                                                                                                        making a parallel change in the effective
                                                Secretary, Department of Health and Human
                                                                                                                                                              initial ‘‘catch-up’’ adjustment through
                                                                                                        date of their final rule.
                                                Services.                                                                                                     rulemaking and then make subsequent
                                                                                                           HHS/CDC bases this action on the
                                                                                                                                                              annual adjustments for inflation no later
                                                [FR Doc. 2017–03185 Filed 2–15–17; 8:45 am]             memorandum of January 20, 2017 from
                                                                                                                                                              than January 15 of each year.
                                                BILLING CODE P                                          the Assistant to the President and Chief
                                                                                                                                                                 The Office of Management and Budget
                                                                                                        of Staff entitled ‘‘Regulatory Freeze
                                                                                                                                                              (OMB) issued guidance for Federal
                                                                                                        Pending Review.’’ This memorandum
                                                DEPARTMENT OF HEALTH AND                                                                                      agencies on calculating the catch-up
                                                                                                        directed the heads of Executive
                                                HUMAN SERVICES                                                                                                adjustment. See February 24, 2016,
                                                                                                        Departments and Agencies to
                                                                                                                                                              Memorandum for the Heads of
                                                [Docket No. CDC–2015–0045]                              temporarily postpone for sixty days
                                                                                                                                                              Executive Departments and Agencies,
                                                                                                        from the date of the memorandum the
                                                                                                                                                              from Shaun Donovan, Director, Office of
                                                42 CFR Part 73                                          effective dates of all regulations that had
                                                                                                                                                              Management and Budget, re:
                                                                                                        been published in the Federal Register
                                                RIN 0920–AA59                                                                                                 Implementation of the Federal Civil
                                                                                                        but had not yet taken effect.
                                                                                                                                                              Penalties Inflation Adjustment Act
                                                Possession, Use, and Transfer of                         Dated: February 9, 2017.                             Improvements Act of 2015 (M–16–06).
                                                Select Agents and Toxins; Biennial                      Norris Cochran,                                       Under the guidance, the U.S.
                                                Review and Enhanced Biosafety                           Acting Secretary, Department of Health and            Department of the Interior (Department)
                                                Requirements; Delay of Effective Date                   Human Services.                                       identified applicable civil monetary
                                                AGENCY:  Centers for Disease Control and                [FR Doc. 2017–03044 Filed 2–15–17; 8:45 am]           penalties and calculated the catch-up
                                                Prevention (CDC), Department of Health                  BILLING CODE 4163–18–P                                adjustment. A civil monetary penalty is
                                                and Human Services (HHS)                                                                                      any assessment with a dollar amount
                                                ACTION: Final rule; delay of effective                                                                        that is levied for a violation of a Federal
                                                date.                                                   DEPARTMENT OF THE INTERIOR                            civil statute or regulation, and is
                                                                                                                                                              assessed or enforceable through a civil
                                                SUMMARY:   The Centers for Disease                      Office of the Secretary of the Interior               action in Federal court or an
                                                Control and Prevention (CDC) in the                                                                           administrative proceeding. A civil
                                                Department of Health and Human                          43 CFR Part 10                                        monetary penalty does not include a
                                                Services (HHS) announces a delay in the                                                                       penalty levied for violation of a criminal
                                                effective date of the final rule titled                 [NPS–WASO–NAGPRA–22726; GPO                           statute, or fees for services, licenses,
                                                ‘‘Possession, Use, and Transfer of Select               Deposit Acct. 4311H2]                                 permits, or other regulatory review. The
                                                Agents and Toxins, Biennial Review                                                                            calculated catch-up adjustment was
                                                                                                        RIN 1024–AE37
                                                and Enhanced Biosafety Requirements’’                                                                         based on the percent change between
                                                that published on January 19, 2017. In                                                                        the Consumer Price Index for all Urban
                                                                                                        Civil Penalties Inflation Adjustments
                                                a companion document published in                                                                             Consumers (CPI0–U) for the month of
                                                this issue of the Federal Register, the                 AGENCY:    Office of the Secretary, Interior.         October in the year of the previous
                                                U.S. Department of Agriculture (USDA)                   ACTION:   Final rule.                                 adjustment (or in the year of
jstallworth on DSK7TPTVN1PROD with RULES




                                                is making a parallel change in the                                                                            establishment, if no adjustment has
                                                effective date of their final rule. This                SUMMARY:   This rule revises U.S.                     been made) and the October 2015 CPI–
                                                action is undertaken in accordance with                 Department of the Interior regulations                U.
                                                the memorandum of January 20, 2017                      implementing the Native American                         The Department issued an interim
                                                from the Assistant to the President and                 Graves Protection and Repatriation Act                final rule providing for calculated catch-
                                                Chief of Staff entitled ‘‘Regulatory                    to provide for annual adjustments of                  up adjustments to civil monetary
                                                Freeze Pending Review.’’                                civil penalties to account for inflation              penalties contained in regulations


                                           VerDate Sep<11>2014   11:26 Feb 15, 2017   Jkt 241001   PO 00000   Frm 00010   Fmt 4700   Sfmt 4700   E:\FR\FM\16FER1.SGM   16FER1


                                                                 Federal Register / Vol. 82, No. 31 / Thursday, February 16, 2017 / Rules and Regulations                                               10865

                                                implementing the Native American                          promulgation. The Department issued a                      monetary penalties, effective on
                                                Graves Protection and Repatriation Act                    correcting amendment to the interim                        September 20, 2016:
                                                (NAGPRA) on June 28, 2016 (81 FR                          final rule on September 20, 2016 (81 FR
                                                41858) and requested comments post-                       64356) that adjusted the following civil

                                                                                                                                                                      Current         Catchup       Adjusted
                                                          CFR citation                                      Description of the penalty                                penalty        adjustment      penalty

                                                43 CFR 10.12(g)(2) ................   Failure of Museum to Comply ................................................        $5,000           $1,428        $6,428
                                                43 CFR 10.12(g)(3) ................   Continued Failure to Comply Per Day ....................................             1,000              268         1,286



                                                II. Calculation of Annual Adjustments                     living adjustment multiplier for 2017,                     instructs agencies to apply the
                                                                                                          based on the Consumer Price Index                          multiplier to the most recent penalty
                                                   OMB recently issued guidance to                        (CPI–U) for the month of October 2016,                     amount that includes the catch-up
                                                assist Federal agencies in implementing                   not seasonally adjusted, is 1.01636. (The                  adjustment required by the Act.
                                                the annual adjustments required by the                    annual inflation adjustments are based
                                                Act which agencies must complete by                                                                                     The annual adjustment applies to all
                                                                                                          on the percent change between the
                                                January 15, 2017. See December 16,                                                                                   civil monetary penalties with a dollar
                                                                                                          October CPI–U preceding the date of the
                                                2016, Memorandum for the Heads of                         adjustment, and the prior year’s October                   amount that are subject to the Act. This
                                                Executive Departments and Agencies,                       CPI–U. For 2017, OMB explains,                             final rule adjusts the following civil
                                                from Shaun Donovan, Director, Office of                   October 2016 CPI–U (241.729) / October                     monetary penalties contained in the
                                                Management and Budget, re:                                2015 CPI–U (237.838) = 1.01636.) The                       Department regulations implementing
                                                Implementation of the 2017 annual                         guidance instructs agencies to complete                    NAGPRA for 2017 by multiplying
                                                adjustment pursuant to the Federal Civil                  the 2017 annual adjustment by                              1.01636 (i.e., the cost-of-living
                                                Penalties Inflation Adjustment Act                        multiplying each applicable penalty by                     adjustment multiplier for 2017) by each
                                                Improvements Act of 2015 (M–17–11).                       the multiplier, 1.01636, and rounding to                   penalty amount as updated by the catch-
                                                The guidance states that the cost-of-                     the nearest dollar. Further, the guidance                  up adjustment made in 2016:

                                                                                                                                                                       Current
                                                                                                                                                                       penalty         Annual       Adjusted
                                                          CFR citation                                      Description of the penalty                                including      adjustment      penalty
                                                                                                                                                                      catch-up       (multiplier)
                                                                                                                                                                     adjustment

                                                43 CFR 10.12(g)(2) ................   Failure of Museum to Comply ................................................        $6,428          1.01636        $6,533
                                                43 CFR 10.12(g)(3) ................   Continued Failure to Comply Per Day ....................................             1,286          1.01636         1,307



                                                  Consistent with the Act, the adjusted                   predictability, to reduce uncertainty,                     Office of the Secretary is not required to
                                                penalty levels for 2017 will take effect                  and to use the best, most innovative,                      publish a proposed rule for the reasons
                                                immediately upon the effective date of                    and least burdensome tools for                             explained below in Section III.L.
                                                the adjustment. The adjusted penalty                      achieving regulatory ends. The
                                                                                                                                                                     C. Small Business Regulatory
                                                levels for 2017 will apply to penalties                   executive order directs agencies to
                                                                                                                                                                     Enforcement Fairness Act
                                                assessed after that date including, if                    consider regulatory approaches that
                                                consistent with agency policy,                            reduce burdens and maintain flexibility                       This rule is not a major rule under 5
                                                assessments associated with violations                    and freedom of choice for the public                       U.S.C. 804(2), the Small Business
                                                that occurred on or after November 2,                     where these approaches are relevant,                       Regulatory Enforcement Fairness Act.
                                                2015. The Act does not, however,                          feasible, and consistent with regulatory                   This rule:
                                                change previously assessed penalties                      objectives. E.O. 13563 emphasizes                             (a) Does not have an annual effect on
                                                that the Department is collecting or has                  further that regulations must be based                     the economy of $100 million or more.
                                                collected. Nor does the Act change an                     on the best available science and that                        (b) Will not cause a major increase in
                                                agency’s existing statutory authorities to                the rulemaking process must allow for                      costs or prices for consumers,
                                                adjust penalties.                                         public participation and an open                           individual industries, Federal, State, or
                                                                                                          exchange of ideas. We have developed                       local government agencies, or
                                                III. Procedural Requirements                              this rule in a manner consistent with                      geographic regions.
                                                A. Regulatory Planning and Review                         these requirements.                                           (c) Does not have significant adverse
                                                (E.O. 12866 and 13563)                                                                                               effects on competition, employment,
                                                                                                          B. Regulatory Flexibility Act                              investment, productivity, innovation, or
                                                  Executive Order 12866 provides that                       The Regulatory Flexibility Act (RFA)                     the ability of U.S.-based enterprises to
                                                the Office of Information and Regulatory                  requires an agency to prepare a                            compete with foreign-based enterprises.
                                                Affairs in the Office of Management and                   regulatory flexibility analysis for rules
                                                Budget will review all significant rules.                 unless the agency certifies that the rule                  D. Unfunded Mandates Reform Act
jstallworth on DSK7TPTVN1PROD with RULES




                                                The Office of Information and                             will not have a significant economic                          This rule does not impose an
                                                Regulatory Affairs has determined that                    impact on a substantial number of small                    unfunded mandate on State, local, or
                                                this rule is not significant.                             entities. The RFA applies only to rules                    tribal governments, or the private sector
                                                  Executive Order 13563 reaffirms the                     for which an agency is required to first                   of more than $100 million per year. The
                                                principles of E.O. 12866 while calling                    publish a proposed rule. See 5 U.S.C.                      rule does not have a significant or
                                                for improvements in the nation’s                          603(a) and 604(a). The RFA does not                        unique effect on State, local, or tribal
                                                regulatory system to promote                              apply to this final rule because the                       governments or the private sector. A


                                           VerDate Sep<11>2014   11:26 Feb 15, 2017   Jkt 241001   PO 00000     Frm 00011    Fmt 4700    Sfmt 4700    E:\FR\FM\16FER1.SGM   16FER1


                                                10866            Federal Register / Vol. 82, No. 31 / Thursday, February 16, 2017 / Rules and Regulations

                                                statement containing the information                    quality of the human environment. A                   § 10.12    [Amended]
                                                required by the Unfunded Mandates                       detailed statement under the National                 ■ 2. In § 10.12, in paragraph (g)(2)
                                                Reform Act (2 U.S.C. 1531 et seq.) is not               Environmental Policy Act of 1969                      introductory text, remove ‘‘$6,428’’ and
                                                required.                                               (NEPA) is not required because the rule               add in its place ‘‘$6,533’’ and in
                                                                                                        is covered by a categorical exclusion.                paragraph (g)(3), remove ‘‘$1,286’’ and
                                                E. Takings (E.O. 12630)
                                                                                                        This rule is excluded from the                        add in its place ‘‘$1,307’’.
                                                  This rule does not effect a taking of                 requirement to prepare a detailed
                                                private property or otherwise have                      statement because it is a regulation of an            Maureen Foster,
                                                taking implications under Executive                     administrative nature. (For further                   Acting Assistant Secretary for Fish and
                                                Order 12630. A takings implication                      information see 43 CFR 46.210(i).) We                 Wildlife and Parks.
                                                assessment is not required.                             have also determined that the rule does               [FR Doc. 2017–03138 Filed 2–15–17; 8:45 am]

                                                F. Federalism (E.O. 13132)                              not involve any of the extraordinary                  BILLING CODE 4312–52–P
                                                                                                        circumstances listed in 43 CFR 46.215
                                                  Under the criteria in section 1 of                    that would require further analysis
                                                Executive Order 13132, this rule does                   under NEPA.                                           FEDERAL COMMUNICATIONS
                                                not have sufficient federalism                                                                                COMMISSION
                                                implications to warrant the preparation                 K. Effects on the Energy Supply (E.O.
                                                of a federalism summary impact                          13211)                                                47 CFR Part 73
                                                statement. A federalism summary
                                                impact statement is not required.                         This rule is not a significant energy               [MB Docket No. 05–142; RM–11220; DA 17–
                                                                                                        action under the definition in Executive              124]
                                                G. Civil Justice Reform (E.O. 12988)                    Order 13211. A Statement of Energy
                                                                                                        Effects is not required.                              Radio Broadcasting Services; Roma
                                                   This rule complies with the
                                                                                                                                                              and San Isidro, Texas
                                                requirements of E.O. 12988.                             L. Administrative Procedure Act
                                                Specifically, this rule:                                                                                      AGENCY:  Federal Communications
                                                   (a) Meets the criteria of section 3(a)                 The Act requires agencies to publish                Commission.
                                                requiring that all regulations be                       annual inflation adjustments by no later              ACTION: Final rule.
                                                reviewed to eliminate errors and                        than January 15, 2017, and by no later
                                                ambiguity and be written to minimize                    than January 15 each subsequent year,                 SUMMARY:    At the request of La Voz
                                                litigation; and                                         notwithstanding section 553 of the                    Latina (LVL) and Charles Crawford
                                                   (b) Meets the criteria of section 3(b)(2)            Administrative Procedure Act (APA) (5                 (Crawford), respectively, the Audio
                                                requiring that all regulations be written               U.S.C. 553). OMB has interpreted this                 Division amends the FM Table of
                                                in clear language and contain clear legal               direction to mean that the usual APA                  Allotments, by allotting Channel 278A
                                                standards.                                              public procedure for rulemaking—                      at San Isidro, Texas, and deleting
                                                                                                        which includes public notice of a                     Channel 278A at Roma, Texas. Channel
                                                H. Consultation With Indian Tribes
                                                                                                        proposed rule, an opportunity for public              278A at San Isidro, Texas, will be the
                                                (E.O. 13175 and Departmental Policy)
                                                                                                        comment, and a delay in the effective                 community’s second local service. The
                                                   The Department of the Interior strives                                                                     Audio Division, therefore, grants both
                                                                                                        date of a final rule—is not required
                                                to strengthen its government-to-                                                                              LVL’s counterproposal and Crawford’s
                                                                                                        when agencies issue regulations to
                                                government relationship with Indian                                                                           ‘‘Withdrawal of Expression of Interest.’’
                                                                                                        implement the annual adjustments to
                                                tribes through a commitment to                                                                                A staff engineering analysis indicates
                                                                                                        civil penalties that the Act requires.
                                                consultation with Indian tribes and                                                                           Channel 278A can be allotted to San
                                                                                                        Accordingly, we are issuing the 2017
                                                recognition of their right to self-                                                                           Isidro consistent with the minimum
                                                                                                        annual adjustments as a final rule
                                                governance and tribal sovereignty. We                                                                         distance separation requirements of the
                                                                                                        without prior notice or an opportunity
                                                have evaluated this rule under the                                                                            Commission’s rules with a site
                                                                                                        for comment and with an effective date
                                                Department’s consultation policy and                                                                          restriction 6 kilometers west of the
                                                                                                        immediately upon publication in the
                                                under the criteria in Executive Order                                                                         community. The reference coordinates
                                                                                                        Federal Register.
                                                13175 and have determined that it has                                                                         are 26–42–15 NL and 98–29–48 WL.
                                                no substantial direct effects on federally              List of Subjects in 43 CFR Part 10                    DATES: Effective March 20, 2017.
                                                recognized Indian tribes and that
                                                                                                          Administrative practice and                         FOR FURTHER INFORMATION CONTACT:
                                                consultation under the Department’s
                                                tribal consultation policy is not                       procedure, Hawaiian Natives, Historic                 Adrienne Y. Denysyk, Media Bureau,
                                                required.                                               preservation, Indians—claims,                         (202) 418–2700.
                                                                                                        Indians—lands, Museums, Penalties,                    SUPPLEMENTARY INFORMATION: This is a
                                                I. Paperwork Reduction Act                              Public lands, Reporting and                           synopsis of the Commission’s
                                                  This rule does not contain                            recordkeeping requirements.                           Memorandum Report and Order, MB
                                                information collection requirements,                                                                          Docket No. 05–142, adopted February 2,
                                                                                                          For the reasons given in the preamble,              2017, and released February 3, 2017.
                                                and a submission to the Office of
                                                                                                        the Office of the Secretary amends 43                 The full text of this Commission
                                                Management and Budget under the
                                                                                                        CFR part 10 as follows.                               decision is available for inspection and
                                                Paperwork Reduction Act (44 U.S.C.
                                                3501 et seq.) is not required. We may                                                                         copying during normal business hours
                                                                                                        PART 10—NATIVE AMERICAN
                                                not conduct or sponsor, and you are not                                                                       in the FCC’s Reference Information
                                                                                                        GRAVES PROTECTION AND
jstallworth on DSK7TPTVN1PROD with RULES




                                                required to respond to, a collection of                                                                       Center at Portals II, CY–A257, 445 12th
                                                                                                        REPATRIATION REGULATIONS
                                                information unless it displays a                                                                              Street SW., Washington, DC 20554. The
                                                currently valid OMB control number.                                                                           full text is also available online at
                                                                                                        ■ 1. The authority citation for part 10               http://apps.fcc.gov/ecfs/. This
                                                J. National Environmental Policy Act                    continues to read as follows:                         document does not contain information
                                                  This rule does not constitute a major                   Authority: 16 U.S.C. 470dd; 25 U.S.C. 9,            collection requirements subject to the
                                                Federal action significantly affecting the              3001 et seq.                                          Paperwork Reduction Act of 1995,


                                           VerDate Sep<11>2014   11:26 Feb 15, 2017   Jkt 241001   PO 00000   Frm 00012   Fmt 4700   Sfmt 4700   E:\FR\FM\16FER1.SGM    16FER1



Document Created: 2018-02-01 15:02:18
Document Modified: 2018-02-01 15:02:18
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 rule is effective on February 16, 2017.
ContactMelanie O'Brien, Manager, National NAGPRA Program, National Park Service, 1849 C Street NW., Washington, DC 20240.
FR Citation82 FR 10864 
CFR AssociatedAdministrative Practice and Procedure; Hawaiian Natives; Historic Preservation; Indians-Claims; Indians-Lands; Museums; Penalties; Public Lands and Reporting and Recordkeeping Requirements

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