82_FR_18935 82 FR 18858 - Civil Monetary Penalty Rates Inflation Adjustments for Calendar Year 2017 and Initial “Catch-Up” Adjustments

82 FR 18858 - Civil Monetary Penalty Rates Inflation Adjustments for Calendar Year 2017 and Initial “Catch-Up” Adjustments

DEPARTMENT OF THE INTERIOR
Office of Natural Resources Revenue

Federal Register Volume 82, Issue 77 (April 24, 2017)

Page Range18858-18860
FR Document2017-08225

In accordance with the Federal Civil Penalties Inflation Adjustment Act of 1990 (Act), as amended by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (2015 Act) and recent Office of Management and Budget (OMB) guidance, the Office of Natural Resources Revenue (ONRR) is publishing this final rule to adjust our maximum civil monetary penalty (CMP) rates for calendar year 2017. This final rule also adopts as final a 2016 interim final rule that adjusted the amount of our civil monetary penalties for inflation with initial ``catch-up'' adjustments under the 2015 Act.

Federal Register, Volume 82 Issue 77 (Monday, April 24, 2017)
[Federal Register Volume 82, Number 77 (Monday, April 24, 2017)]
[Rules and Regulations]
[Pages 18858-18860]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-08225]


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DEPARTMENT OF THE INTERIOR

Office of Natural Resources Revenue

30 CFR Part 1241

[Docket No. ONRR-2016-0002; DS63644000 DR2PS0000.CH7000 178D0102R2]
RIN 1012-AA17


Civil Monetary Penalty Rates Inflation Adjustments for Calendar 
Year 2017 and Initial ``Catch-Up'' Adjustments

AGENCY: Office of the Secretary, Office of Natural Resources Revenue, 
Interior.

ACTION: Final rule.

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

SUMMARY: In accordance with the Federal Civil Penalties Inflation 
Adjustment Act of 1990 (Act), as amended by the Federal Civil Penalties 
Inflation Adjustment Act Improvements Act of 2015 (2015 Act) and recent 
Office of Management and Budget (OMB) guidance, the Office of Natural 
Resources Revenue (ONRR) is publishing this final rule to adjust our 
maximum civil monetary penalty (CMP) rates for calendar year 2017. This 
final rule also adopts as final a 2016 interim final rule that adjusted 
the amount of our civil monetary penalties for inflation with initial 
``catch-up'' adjustments under the 2015 Act.

DATES: This rule is effective on April 24, 2017.

FOR FURTHER INFORMATION CONTACT: For questions on procedural issues, 
contact Armand Southall, Regulatory Specialist, by telephone at (303) 
231-3221 or email to [email protected]. For questions on 
technical issues, contact Geary Keeton, Chief of Enforcement, by 
telephone at (303) 231-3096 or email to [email protected]. You may 
obtain a paper copy of this rule by contacting Mr. Southall by phone or 
email.

SUPPLEMENTARY INFORMATION: 

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

I. Background

    The Act, as amended (set out in a note following 28 U.S.C. 2461), 
requires Federal agencies to adjust their civil monetary penalty (CMP) 
rates through an interim final rulemaking to take effect no later than 
August 1, 2016, and to make annual inflation adjustments not later than 
January 15 of every year thereafter with the guidance that OMB provides 
us by December 15 of each calendar year, as required by section 7 of 
the Act, to calculate the maximum CMP rates for the following calendar 
year.
    On February 24, 2016, OMB issued guidance on calculating the 
initial catch-up and subsequent annual CMP inflation adjustments. See 
February 24, 2016, Memorandum for the Heads of Executive Departments 
and Agencies from Shaun Donovan, Director, OMB, re: Implementation of 
the Federal Civil Penalties Inflation Adjustment Act Improvements Act 
of 2015 (OMB Memorandum M-16-06). That memorandum included a table 
(Table A) showing CMP inflation-adjustment multipliers by calendar year 
of CMP establishment from 1914 to 2015. On June 9, 2016, ONRR published 
its interim final rule required by the Act, as amended, adjusting for 
inflation from 1983 to 2016.
    On December 16, 2016, OMB issued additional guidance on the annual 
adjustment of CMPs for 2017. See December 16, 2016, Memorandum for the 
Heads of Executive Departments and Agencies from OMB Director Shaun 
Donovan re: Implementation of the 2017 annual adjustment pursuant to 
the Federal Civil Penalties Inflation Adjustment Act Improvements Act 
of 2015 (OMB Memorandum M-17-11). That memorandum informed agencies 
that the inflation-adjustment multiplier for 2017 is 1.01636.

II. Calculation of Adjustments

    ONRR assesses CMPs under section 109 of the Federal Oil and Gas 
Royalty Management Act of 1982 (FOGRMA), codified as amended at 30 
U.S.C. 1719. In accordance with FOGRMA, we calculate and assess CMPs 
per violation, at the applicable rate, for each day such violation 
continues.
    Since we had not adjusted the maximum CMP rates for inflation since 
their establishment in 1983, we calculated the new maximum CMP rates 
for 2016 using the inflation-adjustment multiplier for CMPs established 
in 1983, as set out in Table A in OMB Memorandum M-16-06. That 
multiplier was 2.35483. On June 9, 2016, we published an interim final 
rule in the Federal Register (81 FR 37153) establishing the maximum CMP 
rates with the initial catch-up adjustments. Those maximum CMP rates 
were effective on July 11, 2016. However, the interim final rule 
requested public comments until August 8, 2016. ONRR received no 
comments and, therefore, is finalizing that rule. OMB Memorandum M-17-
11 authorizes agencies to finalize their 2016 initial ``catch-up'' 
adjustment interim final rule in the same rulemaking that establishes 
their 2017 annual adjustments.
    In accordance with sections 4 and 5 of the Act, as amended, the 
annual CMP Inflation Adjustment calculation for 2017 is based on the 
percent change in the Consumer Price Index for all Urban Consumers 
(CPI-U) between October 2015 and October 2016. To calculate the maximum 
CMP rates for 2017, we are using the inflation-adjustment multiplier 
that OMB provided in its Memorandum M-17-11. That multiplier is 
1.01636. In accordance with section 5(a) of the Act, as amended, the 
new maximum CMP rates will be rounded to the nearest dollar. For 
example, the maximum CMP rate under 30 U.S.C. 1719(a) in 2016 is $1,177 
per violation for each day such violation continues; the 2017 CMP 
inflation-adjustment multiplier is 1.01636; $1,177 x 1.01636 = 
$1,196.2557, which rounds down to $1,196. Therefore, the new maximum 
CMP rate for this violation is $1,196 for each day such violation 
continues. It is important to note that, by themselves, the increases 
in maximum CMP rates contained in this final rule do not determine the 
amount of the CMP that we will assess for a particular violation; as 
authorized by FOGRMA and the implementing regulations codified at 30 
CFR part 1241, we calculate each CMP on a case-by-case basis.
    In accordance with section 6 of the Act, as amended, the new 
maximum

[[Page 18859]]

penalty rates will apply only to CMPs, including those which are 
associated with violations predating the increase, that are assessed 
after the date the increase takes effect.

III. Summary of Final Rule

    This final rule adjusts the maximum CMP rates for each of the four 
categories of violations identified in 30 U.S.C. 1719(a)-(d). The 
following list identifies the existing ONRR regulations containing CMP 
rates and shows those rates before and after adjustment.

----------------------------------------------------------------------------------------------------------------
                                                                                  2017 inflation
                         30 CFR citation                              Current       adjustment     2017 adjusted
                                                                   penalty rate     multiplier     penalty rate
----------------------------------------------------------------------------------------------------------------
1241.52(a)(2)...................................................           1,177         1.01636           1,196
1241.52(b)......................................................          11,774         1.01636          11,967
1241.60(b)(1)...................................................          23,548         1.01636          23,933
1241.60(b)(2)...................................................          58,871         1.01636          59,834
----------------------------------------------------------------------------------------------------------------
Note: The CMP rates under 30 CFR part 1241 are authorized by 30 U.S.C. 1719(a)-(d).

IV. Procedural Requirements

A. Regulatory Planning and Review (Executive Orders 12866 and 13563)

    Executive Order (E.O.) 12866 provides that the Office of 
Information and Regulatory Affairs (OIRA) in OMB will review all 
significant rules. OIRA has determined that this rule is not 
significant.
    E.O. 13563 reaffirms the principles of E.O. 12866, while calling 
for improvements in the Nation's regulatory system to promote 
predictability, to reduce uncertainty, and to use the best, most 
innovative, and least burdensome tools for achieving regulatory ends. 
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. 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 developed this rule in a manner consistent with 
these requirements.

B. Regulatory Flexibility Act

    This rule will not have a significant economic effect on a 
substantial number of small entities under the Regulatory Flexibility 
Act (RFA, 5 U.S.C. 601 et seq.) because the rule only makes adjustments 
for inflation. The Federal Civil Penalties Inflation Adjustment Act 
Improvements Act of 2015 requires agencies to adjust civil penalties 
with a subsequent annual inflation adjustment through a final rule. 
Therefore, 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. 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, local government 
agencies; or geographic regions.
    c. Does not have significant adverse effects on competition, 
employment, investment, productivity, innovation, or the ability of 
United States-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. This rule does not have a significant or unique effect on State, 
local, or Tribal governments or the private sector. Therefore, we are 
not required to provide a statement containing the information that the 
Unfunded Mandates Reform Act (2 U.S.C. 1531 et seq.) requires because 
this rule is not an unfunded mandate.

E. Takings (E.O. 12630)

    This rule does not affect a taking of private property or otherwise 
have taking implications under E.O. 12630. Therefore, this rule does 
not require a takings implication assessment.

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, this rule does not 
require a Federalism summary impact statement.

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), which requires that we 
review all regulations to eliminate errors and ambiguity and to write 
them to minimize litigation.
    b. Meets the criteria of section 3(b)(2), which requires that we 
write all regulations in clear language using clear legal standards.

H. Consultation With Indian Tribal Governments (E.O. 13175)

    The Department strives to strengthen its government-to-government 
relationship with the Indian Tribes through a commitment to 
consultation with the Indian Tribes and recognition of their right to 
self-governance and Tribal sovereignty. Under the Department's 
consultation policy and the criteria in E.O. 13175, we evaluated this 
rule and determined that it will have no substantial direct effects on 
Federally-recognized Indian Tribes and does not require consultation.

I. Paperwork Reduction Act

    This rule:
    (a) Does not contain any new information collection requirements.
    (b) Does not require a submission to OMB under the Paperwork 
Reduction Act of 1995 (44 U.S.C. 3501 et seq.). See 5 CFR 1320.4(a)(2).

J. National Environmental Policy Act of 1969 (NEPA)

    This rule does not constitute a major Federal action, significantly 
affecting the quality of the human environment. We are not required to 
provide a detailed statement under NEPA because this rule qualifies for 
categorical exclusion under 43 CFR 46.210(i) in that this rule is ``. . 
. of an administrative, financial, legal, technical, or procedural 
nature. . . .'' We also have determined that this rule is not involved 
in 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.

[[Page 18860]]

13211 and, therefore, does not require a Statement of Energy Effects.

L. Clarity of This Regulation

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

M. Administrative Procedure Act (APA)

    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.
    Section 553(b) of the Administrative Procedure Act (APA) provides 
that, when an agency for good cause finds that ``notice and public 
procedure . . . are impracticable, unnecessary, or contrary to the 
public interest,'' the agency may issue a rule without providing notice 
and an opportunity for prior public comment. Under section 553(b), ONRR 
finds that there is good cause to promulgate this rule without first 
providing for public comment. It would not be possible to meet the 
deadlines imposed by the Act if we were to first publish a proposed 
rule, allow the public sufficient time to submit comments, analyze the 
comments, and publish a final rule. Also, ONRR is promulgating this 
final rule to implement the statutory directive in the Act, which 
requires agencies to publish a final rule and to update the civil 
penalty amounts by applying a specified formula. We have no discretion 
to vary the amount of the adjustment to reflect any views or 
suggestions provided by commenters. Accordingly, it would serve no 
purpose to provide an opportunity for public comment on this rule prior 
to promulgation. Thus, providing for notice and public comment is 
impracticable and unnecessary.
    Furthermore, ONRR finds under section 553(d)(3) of the APA that 
good cause exists to make this final rule effective immediately upon 
publication in the Federal Register. In the Act, Congress expressly 
required Federal agencies to publish annual inflation adjustments to 
civil penalties in the Federal Register by January 15, 2017, and not 
later than January 15 of every subsequent year, notwithstanding section 
553 of the APA. Under the statutory framework and OMB guidance, the new 
penalty levels take effect immediately upon the effective date of the 
adjustment. The statutory deadline does not allow time to delay this 
rule's effective date beyond publication. Moreover, an effective date 
after January 15 would delay application of the new penalty levels, 
contrary to Congress's intent.

List of Subjects in 30 CFR Part 1241

    Administrative practice and procedure, Civil penalties, Coal, 
Geothermal, Inflation, Mineral resources, Natural gas, Notices of non-
compliance, Oil.

Amy Holley,
Acting Assistant Secretary for Policy, Management and Budget.

Authority and Issuance

    For the reasons discussed in the preamble, ONRR amends 30 CFR part 
1241 as set forth below:

PART 1241--PENALTIES

0
1. The authority citation for part 1241 continues to read as follows:

    Authority: 25 U.S.C. 396 et seq., 396a et seq., 2101 et seq.; 30 
U.S.C. 181 et seq., 351 et seq., 1001 et seq., 1701 et seq.; 43 
U.S.C. 1301 et seq., 1331 et seq., 1801 et seq.


Sec.  1241.52  [Amended]

0
2. Amend Sec.  1241.52 by:
0
a. In paragraph (a)(2), removing ``$1,177'' and adding in its place 
``$1,196.''
0
b. In paragraph (b) introductory text, removing ``$11,774'' and adding 
in its place ``$11,967.''


Sec.  1241.60  [Amended]

0
3. Amend Sec.  1241.60 by:
0
a. In paragraph (b)(1), removing ``$23,548'' and adding in its place 
``$23,933.''
0
b. In paragraph (b)(2), removing ``$58,871'' and adding in its place 
``$59,834.''

[FR Doc. 2017-08225 Filed 4-21-17; 8:45 am]
BILLING CODE 4335-30-P



                                                18858               Federal Register / Vol. 82, No. 77 / Monday, April 24, 2017 / Rules and Regulations

                                                4.2-mile radius of Elmira/Corning Regional              SUPPLEMENTARY INFORMATION:                            II. Calculation of Adjustments
                                                Airport to 8.6-miles northeast of the airport,
                                                within 1.8 miles each side of the 101° bearing
                                                                                                        I. Background                                            ONRR assesses CMPs under section
                                                                                                        II. Calculation of Adjustment                         109 of the Federal Oil and Gas Royalty
                                                from the airport extending from the 4.2-mile
                                                                                                        III. Summary of Final Rule                            Management Act of 1982 (FOGRMA),
                                                radius to 6 miles east of the airport, and
                                                                                                        IV. Procedural Requirements
                                                within 1.8 miles each side of the 240° bearing                                                                codified as amended at 30 U.S.C. 1719.
                                                                                                           A. Regulatory Planning and Review (E.O.
                                                from the airport extending from the 4.2-mile                  12866)                                          In accordance with FOGRMA, we
                                                radius to 7 miles southwest of the airport,                B. Regulatory Flexibility Act                      calculate and assess CMPs per violation,
                                                and within 1.8 miles each side of the 282°                 C. Small Business Regulatory Enforcement           at the applicable rate, for each day such
                                                bearing from the airport extending from the                   Fairness Act                                    violation continues.
                                                4.2-mile radius to 8 miles northwest of the                D. Unfunded Mandates Reform Act                       Since we had not adjusted the
                                                airport.                                                   E. Takings (E.O. 12630)                            maximum CMP rates for inflation since
                                                  Issued in College Park, Georgia, on April                F. Federalism (E.O. 13132)                         their establishment in 1983, we
                                                12, 2017.                                                  G. Civil Justice Reform (E.O. 12988)
                                                                                                           H. Consultation with Indian Tribes (E.O.
                                                                                                                                                              calculated the new maximum CMP rates
                                                Geoff Lelliott,                                                                                               for 2016 using the inflation-adjustment
                                                                                                              13175)
                                                Acting Manager, Operations Support Group,                  I. Paperwork Reduction Act                         multiplier for CMPs established in 1983,
                                                Eastern Service Center, Air Traffic                        J. National Environmental Policy Act               as set out in Table A in OMB
                                                Organization.                                              K. Effects on the Energy Supply (E.O.              Memorandum M–16–06. That multiplier
                                                [FR Doc. 2017–08099 Filed 4–21–17; 8:45 am]                   13211)                                          was 2.35483. On June 9, 2016, we
                                                BILLING CODE 4910–13–P                                     L. Clarity of This Regulation                      published an interim final rule in the
                                                                                                           M. Administrative Procedure Act
                                                                                                                                                              Federal Register (81 FR 37153)
                                                                                                        I. Background                                         establishing the maximum CMP rates
                                                DEPARTMENT OF THE INTERIOR                                 The Act, as amended (set out in a note             with the initial catch-up adjustments.
                                                                                                        following 28 U.S.C. 2461), requires                   Those maximum CMP rates were
                                                Office of Natural Resources Revenue                                                                           effective on July 11, 2016. However, the
                                                                                                        Federal agencies to adjust their civil
                                                                                                        monetary penalty (CMP) rates through                  interim final rule requested public
                                                30 CFR Part 1241                                                                                              comments until August 8, 2016. ONRR
                                                                                                        an interim final rulemaking to take
                                                [Docket No. ONRR–2016–0002; DS63644000                  effect no later than August 1, 2016, and              received no comments and, therefore, is
                                                DR2PS0000.CH7000 178D0102R2]                            to make annual inflation adjustments                  finalizing that rule. OMB Memorandum
                                                                                                        not later than January 15 of every year               M–17–11 authorizes agencies to finalize
                                                RIN 1012–AA17
                                                                                                        thereafter with the guidance that OMB                 their 2016 initial ‘‘catch-up’’ adjustment
                                                Civil Monetary Penalty Rates Inflation                  provides us by December 15 of each                    interim final rule in the same
                                                Adjustments for Calendar Year 2017                      calendar year, as required by section 7               rulemaking that establishes their 2017
                                                and Initial ‘‘Catch-Up’’ Adjustments                    of the Act, to calculate the maximum                  annual adjustments.
                                                                                                        CMP rates for the following calendar                     In accordance with sections 4 and 5
                                                AGENCY:  Office of the Secretary, Office                year.                                                 of the Act, as amended, the annual CMP
                                                of Natural Resources Revenue, Interior.                    On February 24, 2016, OMB issued                   Inflation Adjustment calculation for
                                                ACTION: Final rule.                                     guidance on calculating the initial                   2017 is based on the percent change in
                                                                                                        catch-up and subsequent annual CMP                    the Consumer Price Index for all Urban
                                                SUMMARY:    In accordance with the                                                                            Consumers (CPI–U) between October
                                                                                                        inflation adjustments. See February 24,
                                                Federal Civil Penalties Inflation                                                                             2015 and October 2016. To calculate the
                                                                                                        2016, Memorandum for the Heads of
                                                Adjustment Act of 1990 (Act), as                                                                              maximum CMP rates for 2017, we are
                                                                                                        Executive Departments and Agencies
                                                amended by the Federal Civil Penalties                                                                        using the inflation-adjustment
                                                                                                        from Shaun Donovan, Director, OMB,
                                                Inflation Adjustment Act Improvements                   re: Implementation of the Federal Civil               multiplier that OMB provided in its
                                                Act of 2015 (2015 Act) and recent Office                Penalties Inflation Adjustment Act                    Memorandum M–17–11. That multiplier
                                                of Management and Budget (OMB)                          Improvements Act of 2015 (OMB                         is 1.01636. In accordance with section
                                                guidance, the Office of Natural                         Memorandum M–16–06). That                             5(a) of the Act, as amended, the new
                                                Resources Revenue (ONRR) is                             memorandum included a table (Table A)                 maximum CMP rates will be rounded to
                                                publishing this final rule to adjust our                showing CMP inflation-adjustment                      the nearest dollar. For example, the
                                                maximum civil monetary penalty (CMP)                    multipliers by calendar year of CMP                   maximum CMP rate under 30 U.S.C.
                                                rates for calendar year 2017. This final                establishment from 1914 to 2015. On                   1719(a) in 2016 is $1,177 per violation
                                                rule also adopts as final a 2016 interim                June 9, 2016, ONRR published its                      for each day such violation continues;
                                                final rule that adjusted the amount of                  interim final rule required by the Act, as            the 2017 CMP inflation-adjustment
                                                our civil monetary penalties for                        amended, adjusting for inflation from                 multiplier is 1.01636; $1,177 × 1.01636
                                                inflation with initial ‘‘catch-up’’                     1983 to 2016.                                         = $1,196.2557, which rounds down to
                                                adjustments under the 2015 Act.                            On December 16, 2016, OMB issued                   $1,196. Therefore, the new maximum
                                                DATES: This rule is effective on April 24,              additional guidance on the annual                     CMP rate for this violation is $1,196 for
                                                2017.                                                   adjustment of CMPs for 2017. See                      each day such violation continues. It is
                                                FOR FURTHER INFORMATION CONTACT: For                    December 16, 2016, Memorandum for                     important to note that, by themselves,
                                                questions on procedural issues, contact                 the Heads of Executive Departments and                the increases in maximum CMP rates
                                                Armand Southall, Regulatory Specialist,                 Agencies from OMB Director Shaun                      contained in this final rule do not
                                                by telephone at (303) 231–3221 or email                 Donovan re: Implementation of the 2017                determine the amount of the CMP that
jstallworth on DSK7TPTVN1PROD with RULES




                                                to Armand.Southall@onrr.gov. For                        annual adjustment pursuant to the                     we will assess for a particular violation;
                                                questions on technical issues, contact                  Federal Civil Penalties Inflation                     as authorized by FOGRMA and the
                                                Geary Keeton, Chief of Enforcement, by                  Adjustment Act Improvements Act of                    implementing regulations codified at 30
                                                telephone at (303) 231–3096 or email to                 2015 (OMB Memorandum M–17–11).                        CFR part 1241, we calculate each CMP
                                                Geary.Keeton@onrr.gov. You may obtain                   That memorandum informed agencies                     on a case-by-case basis.
                                                a paper copy of this rule by contacting                 that the inflation-adjustment multiplier                 In accordance with section 6 of the
                                                Mr. Southall by phone or email.                         for 2017 is 1.01636.                                  Act, as amended, the new maximum


                                           VerDate Sep<11>2014   13:01 Apr 21, 2017   Jkt 241001   PO 00000   Frm 00018   Fmt 4700   Sfmt 4700   E:\FR\FM\24APR1.SGM   24APR1


                                                                           Federal Register / Vol. 82, No. 77 / Monday, April 24, 2017 / Rules and Regulations                                                                           18859

                                                penalty rates will apply only to CMPs,                                     III. Summary of Final Rule                                              1719(a)–(d). The following list identifies
                                                including those which are associated                                                                                                               the existing ONRR regulations
                                                with violations predating the increase,                                      This final rule adjusts the maximum                                   containing CMP rates and shows those
                                                that are assessed after the date the                                       CMP rates for each of the four categories                               rates before and after adjustment.
                                                increase takes effect.                                                     of violations identified in 30 U.S.C.

                                                                                                                                                                                                                   2017 inflation
                                                                                                                                                                                                    Current                         2017 adjusted
                                                                                                           30 CFR citation                                                                                          adjustment
                                                                                                                                                                                                  penalty rate                       penalty rate
                                                                                                                                                                                                                     multiplier

                                                1241.52(a)(2) ...............................................................................................................................            1,177           1.01636            1,196
                                                1241.52(b) ....................................................................................................................................         11,774           1.01636           11,967
                                                1241.60(b)(1) ...............................................................................................................................           23,548           1.01636           23,933
                                                1241.60(b)(2) ...............................................................................................................................           58,871           1.01636           59,834
                                                   Note: The CMP rates under 30 CFR part 1241 are authorized by 30 U.S.C. 1719(a)–(d).


                                                IV. Procedural Requirements                                                   a. Does not have an annual effect on                                 ambiguity and to write them to
                                                                                                                           the economy of $100 million or more.                                    minimize litigation.
                                                A. Regulatory Planning and Review                                                                                                                    b. Meets the criteria of section 3(b)(2),
                                                (Executive Orders 12866 and 13563)                                            b. Will not cause a major increase in
                                                                                                                           costs or prices for consumers;                                          which requires that we write all
                                                   Executive Order (E.O.) 12866 provides                                   individual industries; Federal, State,                                  regulations in clear language using clear
                                                that the Office of Information and                                         local government agencies; or                                           legal standards.
                                                Regulatory Affairs (OIRA) in OMB will                                      geographic regions.                                                     H. Consultation With Indian Tribal
                                                review all significant rules. OIRA has                                        c. Does not have significant adverse                                 Governments (E.O. 13175)
                                                determined that this rule is not                                           effects on competition, employment,
                                                significant.                                                               investment, productivity, innovation, or                                   The Department strives to strengthen
                                                   E.O. 13563 reaffirms the principles of                                  the ability of United States-based                                      its government-to-government
                                                E.O. 12866, while calling for                                              enterprises to compete with foreign-                                    relationship with the Indian Tribes
                                                improvements in the Nation’s regulatory                                    based enterprises.                                                      through a commitment to consultation
                                                system to promote predictability, to                                                                                                               with the Indian Tribes and recognition
                                                reduce uncertainty, and to use the best,                                   D. Unfunded Mandates Reform Act                                         of their right to self-governance and
                                                most innovative, and least burdensome                                        This rule does not impose an                                          Tribal sovereignty. Under the
                                                tools for achieving regulatory ends. E.O.                                  unfunded mandate on State, local, or                                    Department’s consultation policy and
                                                13563 directs agencies to consider                                         Tribal governments or the private sector                                the criteria in E.O. 13175, we evaluated
                                                regulatory approaches that reduce                                          of more than $100 million per year. This                                this rule and determined that it will
                                                burdens and maintain flexibility and                                       rule does not have a significant or                                     have no substantial direct effects on
                                                freedom of choice for the public, where                                    unique effect on State, local, or Tribal                                Federally-recognized Indian Tribes and
                                                these approaches are relevant, feasible,                                   governments or the private sector.                                      does not require consultation.
                                                and consistent with regulatory                                             Therefore, we are not required to                                       I. Paperwork Reduction Act
                                                objectives. E.O. 13563 emphasizes                                          provide a statement containing the                                         This rule:
                                                further that regulations must be based                                     information that the Unfunded                                              (a) Does not contain any new
                                                on the best available science and that                                     Mandates Reform Act (2 U.S.C. 1531 et                                   information collection requirements.
                                                the rulemaking process must allow for                                      seq.) requires because this rule is not an                                 (b) Does not require a submission to
                                                public participation and an open                                           unfunded mandate.                                                       OMB under the Paperwork Reduction
                                                exchange of ideas. We developed this                                                                                                               Act of 1995 (44 U.S.C. 3501 et seq.). See
                                                                                                                           E. Takings (E.O. 12630)
                                                rule in a manner consistent with these                                                                                                             5 CFR 1320.4(a)(2).
                                                requirements.                                                                This rule does not affect a taking of
                                                                                                                           private property or otherwise have                                      J. National Environmental Policy Act of
                                                B. Regulatory Flexibility Act                                                                                                                      1969 (NEPA)
                                                                                                                           taking implications under E.O. 12630.
                                                  This rule will not have a significant                                    Therefore, this rule does not require a                                    This rule does not constitute a major
                                                economic effect on a substantial number                                    takings implication assessment.                                         Federal action, significantly affecting
                                                of small entities under the Regulatory                                                                                                             the quality of the human environment.
                                                                                                                           F. Federalism (E.O. 13132)
                                                Flexibility Act (RFA, 5 U.S.C. 601 et                                                                                                              We are not required to provide a
                                                seq.) because the rule only makes                                            Under the criteria in section 1 of E.O.                               detailed statement under NEPA because
                                                adjustments for inflation. The Federal                                     13132, this rule does not have sufficient                               this rule qualifies for categorical
                                                Civil Penalties Inflation Adjustment Act                                   Federalism implications to warrant the                                  exclusion under 43 CFR 46.210(i) in that
                                                Improvements Act of 2015 requires                                          preparation of a Federalism summary                                     this rule is ‘‘. . . of an administrative,
                                                agencies to adjust civil penalties with a                                  impact statement. Therefore, this rule                                  financial, legal, technical, or procedural
                                                subsequent annual inflation adjustment                                     does not require a Federalism summary                                   nature. . . .’’ We also have determined
                                                through a final rule. Therefore, the RFA                                   impact statement.                                                       that this rule is not involved in any of
                                                does not apply to this rulemaking.                                                                                                                 the extraordinary circumstances listed
                                                                                                                           G. Civil Justice Reform (E.O. 12988)
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                                                C. Small Business Regulatory                                                                                                                       in 43 CFR 46.215 that would require
                                                                                                                             This rule complies with the                                           further analysis under NEPA.
                                                Enforcement Fairness Act                                                   requirements of E.O. 12988.
                                                  This rule is not a major rule under 5                                    Specifically, this rule:                                                K. Effects on the Energy Supply (E.O.
                                                U.S.C. 804(2), the Small Business                                            a. Meets the criteria of section 3(a),                                13211)
                                                Regulatory Enforcement Fairness Act.                                       which requires that we review all                                         This rule is not a significant energy
                                                This rule:                                                                 regulations to eliminate errors and                                     action under the definition in E.O.


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                                                18860               Federal Register / Vol. 82, No. 77 / Monday, April 24, 2017 / Rules and Regulations

                                                13211 and, therefore, does not require a                allow the public sufficient time to                   ■  a. In paragraph (a)(2), removing
                                                Statement of Energy Effects.                            submit comments, analyze the                          ‘‘$1,177’’ and adding in its place
                                                                                                        comments, and publish a final rule.                   ‘‘$1,196.’’
                                                L. Clarity of This Regulation                                                                                 ■ b. In paragraph (b) introductory text,
                                                                                                        Also, ONRR is promulgating this final
                                                   We are required by E.O. 12866                        rule to implement the statutory directive             removing ‘‘$11,774’’ and adding in its
                                                (section 1(b)(12)), E.O. 12988 (section                 in the Act, which requires agencies to                place ‘‘$11,967.’’
                                                3(b)(1)(B)), and E.O. 13563 (section                    publish a final rule and to update the
                                                1(a)), and by the Presidential                                                                                § 1241.60     [Amended]
                                                                                                        civil penalty amounts by applying a
                                                Memorandum of June 1, 1998, to write                    specified formula. We have no                         ■  3. Amend § 1241.60 by:
                                                all rules in plain language. This means                 discretion to vary the amount of the                  ■  a. In paragraph (b)(1), removing
                                                that each rule we publish must:                         adjustment to reflect any views or                    ‘‘$23,548’’ and adding in its place
                                                   (a) Be logically organized.                          suggestions provided by commenters.                   ‘‘$23,933.’’
                                                   (b) Use the active voice to address                  Accordingly, it would serve no purpose                ■ b. In paragraph (b)(2), removing
                                                readers directly.                                       to provide an opportunity for public                  ‘‘$58,871’’ and adding in its place
                                                   (c) Use common, everyday words and                   comment on this rule prior to                         ‘‘$59,834.’’
                                                clear language rather than jargon.                      promulgation. Thus, providing for                     [FR Doc. 2017–08225 Filed 4–21–17; 8:45 am]
                                                   (d) Be divided into short sections and               notice and public comment is                          BILLING CODE 4335–30–P
                                                sentences.                                              impracticable and unnecessary.
                                                   (e) Use lists and tables wherever
                                                possible.                                                  Furthermore, ONRR finds under
                                                   If you feel that we have not met these               section 553(d)(3) of the APA that good                DEPARTMENT OF HOMELAND
                                                requirements, send your comments to                     cause exists to make this final rule                  SECURITY
                                                Armand.Southall@onrr.gov. Your                          effective immediately upon publication
                                                                                                        in the Federal Register. In the Act,                  Coast Guard
                                                comments should be as specific as
                                                possible. For example, you should tell                  Congress expressly required Federal
                                                                                                        agencies to publish annual inflation                  33 CFR Part 100
                                                us the numbers of the sections or
                                                paragraphs that you find unclear, which                 adjustments to civil penalties in the                 [Docket No. USCG–2017–0305]
                                                sections or sentences are too long, the                 Federal Register by January 15, 2017,
                                                                                                                                                              RIN 1625–AA08
                                                sections where you feel lists or tables                 and not later than January 15 of every
                                                would be useful, etc.                                   subsequent year, notwithstanding                      Special Local Regulation; Hebda Cup
                                                                                                        section 553 of the APA. Under the                     Rowing Regatta; Detroit River, Trenton
                                                M. Administrative Procedure Act (APA)                   statutory framework and OMB guidance,                 Channel; Wyandotte, MI
                                                   The Act requires agencies to publish                 the new penalty levels take effect
                                                annual inflation adjustments by no later                immediately upon the effective date of                AGENCY:     Coast Guard, DHS.
                                                than January 15, 2017, and by no later                  the adjustment. The statutory deadline                ACTION:    Temporary final rule.
                                                than January 15 each subsequent year,                   does not allow time to delay this rule’s
                                                notwithstanding section 553 of the                      effective date beyond publication.                    SUMMARY:    The Coast Guard is
                                                Administrative Procedure Act (APA) (5                   Moreover, an effective date after January             establishing a special local regulation
                                                U.S.C. 553). OMB has interpreted this                   15 would delay application of the new                 for certain waters of the Detroit River,
                                                direction to mean that the usual APA                    penalty levels, contrary to Congress’s                Trenton Channel, Wyandotte, MI. This
                                                public procedure for rulemaking—                        intent.                                               action is necessary and is intended to
                                                which includes public notice of a                                                                             ensure safety of life on navigable waters
                                                                                                        List of Subjects in 30 CFR Part 1241                  to be used for a rowing event
                                                proposed rule, an opportunity for public
                                                comment, and a delay in the effective                                                                         immediately prior to, during, and
                                                                                                          Administrative practice and                         immediately after this event. This
                                                date of a final rule—is not required                    procedure, Civil penalties, Coal,
                                                when agencies issue regulations to                                                                            regulation requires vessels to maintain a
                                                                                                        Geothermal, Inflation, Mineral                        minimum speed for safe navigation and
                                                implement the annual adjustments to                     resources, Natural gas, Notices of non-
                                                civil penalties that the Act requires.                                                                        maneuvering.
                                                                                                        compliance, Oil.
                                                Accordingly, we are issuing the 2017                                                                          DATES: This temporary final rule is
                                                annual adjustments as a final rule                      Amy Holley,                                           effective from 7:30 a.m. until 4:30 p.m.
                                                without prior notice or an opportunity                  Acting Assistant Secretary for Policy,                on April 29, 2017.
                                                for comment and with an effective date                  Management and Budget.                                ADDRESSES: To view documents
                                                immediately upon publication in the                     Authority and Issuance                                mentioned in this preamble as being
                                                Federal Register.                                                                                             available in the docket, go to http://
                                                   Section 553(b) of the Administrative                   For the reasons discussed in the                    www.regulations.gov, type USCG–2017–
                                                Procedure Act (APA) provides that,                      preamble, ONRR amends 30 CFR part                     0305 in the ‘‘SEARCH’’ box and click
                                                when an agency for good cause finds                     1241 as set forth below:                              ‘‘SEARCH.’’ Click on Open Docket
                                                that ‘‘notice and public procedure . . .                                                                      Folder on the line associated with this
                                                are impracticable, unnecessary, or                      PART 1241—PENALTIES                                   rule.
                                                contrary to the public interest,’’ the                                                                        FOR FURTHER INFORMATION CONTACT: If
                                                agency may issue a rule without                         ■ 1. The authority citation for part 1241             you have questions on this temporary
                                                providing notice and an opportunity for                 continues to read as follows:                         rule, call or email Tracy Girard,
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                                                prior public comment. Under section                        Authority: 25 U.S.C. 396 et seq., 396a et          Prevention Department, Sector Detroit,
                                                553(b), ONRR finds that there is good                   seq., 2101 et seq.; 30 U.S.C. 181 et seq., 351        Coast Guard; telephone 313–568–9564,
                                                cause to promulgate this rule without                   et seq., 1001 et seq., 1701 et seq.; 43 U.S.C.        or email Tracy.M.Girard@uscg.mil.
                                                first providing for public comment. It                  1301 et seq., 1331 et seq., 1801 et seq.              SUPPLEMENTARY INFORMATION:
                                                would not be possible to meet the                       § 1241.52    [Amended]
                                                deadlines imposed by the Act if we                                                                            I. Table of Abbreviations
                                                were to first publish a proposed rule,                  ■   2. Amend § 1241.52 by:                            CFR      Code of Federal Regulations



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Document Created: 2017-04-22 00:11:21
Document Modified: 2017-04-22 00:11:21
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 April 24, 2017.
ContactFor questions on procedural issues, contact Armand Southall, Regulatory Specialist, by telephone at (303) 231-3221 or email to [email protected] For questions on technical issues, contact Geary Keeton, Chief of Enforcement, by telephone at (303) 231-3096 or email to [email protected] You may obtain a paper copy of this rule by contacting Mr. Southall by phone or email.
FR Citation82 FR 18858 
RIN Number1012-AA17
CFR AssociatedAdministrative Practice and Procedure; Civil Penalties; Coal; Geothermal; Inflation; Mineral Resources; Natural Gas; Notices of Non-Compliance and Oil

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