82 FR 27431 - Implementing the Federal Civil Penalties Adjustment Act Improvements Act of 2015
NATIONAL FOUNDATION FOR THE ARTS AND HUMANITIES
National Endowment for the Arts Federal Register Volume 82, Issue 114 (June 15, 2017)
National Endowment for the Arts
Federal Register Volume 82, Issue 114 (June 15, 2017)
| Page Range | 27431-27434 | |
| FR Document | 2017-12071 |
[Federal Register Volume 82, Number 114 (Thursday, June 15, 2017)] [Rules and Regulations] [Pages 27431-27434] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-12071] ======================================================================= ----------------------------------------------------------------------- NATIONAL FOUNDATION FOR THE ARTS AND HUMANITIES National Endowment for the Arts 45 CFR Parts 1149 and 1158 RIN 3135-AA33 Implementing the Federal Civil Penalties Adjustment Act Improvements Act of 2015 AGENCY: National Endowment for the Arts, National Foundation for the Arts and Humanities. ACTION: Interim final rule; request for comments. ----------------------------------------------------------------------- SUMMARY: The National Endowment for the Arts (NEA) is adjusting the maximum civil monetary penalties that may be imposed for violations of the Program Fraud and Civil Remedies Act (PFCRA) and the NEA's Restrictions on Lobbying to reflect the requirements of the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (the 2015 Act). The 2015 Act further amended the Federal Civil Penalties Inflation Adjustment Act of 1990 (the Inflation Adjustment Act) to improve the effectiveness of civil monetary penalties and to maintain their deterrent effect. DATES: Effective date: This rule is effective June 15, 2017. Comments date: Submit comments on or before July 17, 2017. ADDRESSES: You may submit comments, identified by RIN 3135-AA33, by any of the following methods:Federal eRulemaking Portal: https://www.regulations.gov. Follow the instructions for submitting comments. Email: generalcounsel@arts.gov. Include RIN 3135-AA33 in the subject line of the message. Mail: National Endowment for the Arts, Office of the General Counsel, 400 7th Street SW., Second Floor, Washington, DC 20506. Hand Delivery/Courier: National Endowment for the Arts, Office of the General Counsel, 400 7th Street SW., Second Floor, Washington, DC 20506. Instructions: All submissions received must include the agency name and docket number or Regulatory [[Page 27432]] Information Number (3135-AA27) for this rulemaking. Docket: For access to the docket to read background documents or comments received, go to 400 7th Street SW., Washington, DC. FOR FURTHER INFORMATION CONTACT: Aswathi Zachariah, Assistant General Counsel, National Endowment for the Arts, 400 7th St. SW., Washington, DC 20506, Telephone: 202-682-5418. SUPPLEMENTARY INFORMATION: 1. Background The 2015 Act requires agencies to: (1) Adjust the level of civil monetary penalties with an initial ``catch-up'' adjustment through an interim final rulemaking; and (2) make subsequent annual adjustments for inflation. Inflation adjustments will be based on the percent change in the Consumer Price Index for all Urban Consumers (CPI-U) for the month of October preceding the date of the adjustment, relative to the October CPI-U in the year of the previous adjustment. The Office of Management and Budget has issued two memoranda, providing guidance on implementing and calculating adjustments.\1\ --------------------------------------------------------------------------- \1\ OMB Memoranda M-16-06 and M-17-11. --------------------------------------------------------------------------- The NEA has identified two civil penalties in its regulations that require adjustment: (1) The penalty associated with Restrictions on Lobbying (45 CFR 1158.400; 45 CFR part 1158, app. A) and (2) the penalty associated with the Program Fraud Civil Remedies Act (45 CFR 1149.9). 2. Method of Calculation For the first adjustment made in accordance with the 2015 Act, the amount of the adjustment is calculated based on the percent change between the CPI-U for October of the last year in which penalties were previously adjusted (not including any adjustment made pursuant to the Inflation Adjustment Act before November 2, 2015), and the CPI-U for October 2015. The 10 percent cap on adjustments imposed by the Debt Collection Improvement Act of 1996 has been eliminated by the 2015 Act. Instead, the 2015 Act imposes a cap on the amount of this initial adjustment, such that the amount of the increase may not exceed 150 percent of the pre-adjustment penalty amount or range. As a result, the total penalty amount or range after the initial adjustment under the 2015 Act may not exceed 250 percent of the pre-adjustment penalty amount or range. The 2015 Act also requires agencies to make annual adjustments to civil penalty amounts no later than January 15 of each year following the initial adjustment described above. For annual adjustments made in accordance with the 2015 Act, the amount of the adjustment is based on the percent increase between the CPI-U for the month of October preceding the date of the adjustment and the CPI-U for the October one year prior to the October immediately preceding the date of the adjustment. If there is no increase, there is no adjustment of civil penalties. This interim final rule incorporates the initial adjustment and one annual adjustment, and applies those adjustments cumulatively to each of the two civil regulatory penalties identified herein. A. Adjustments to Penalties Under the NEA's Program Fraud and Civil Remedies Act Regulations For purposes of the initial adjustment under the 2015 Act, Congress last set or adjusted the amount of PFCRA civil penalties in 1986. Between October 1986 and October 2015, the CPI-U has increased by 215.628 percent. The post-adjustment penalty amount or range is obtained by multiplying the pre-adjustment penalty amount or range by the percent change in the CPI-U over the relevant time period, and rounding to the nearest dollar. Therefore, this post-adjustment maximum penalty under the PFCRA is $5,000 x 2.15628 = $10,781.40, which rounds to $10,781. The new, post-adjustment penalty less than 250 percent of the pre-adjustment penalty, so the limitation on the amount of the adjustment is not implicated. Therefore, the maximum penalty under the PFCRA for false claims or statements for purposes of the first adjustment will be $10,781. This regulation also incorporates the subsequent required annual adjustment. The post-adjustment penalty or range is obtained by multiplying the pre-adjustment penalty or range by the percent change in the CPI-U over the relevant time period and rounding to the nearest dollar. Between October 2015 and October 2016, the CPI-U increased by 101.636 percent. Therefore, the new post-adjustment maximum penalty under the PFCRA is $10,781 x 1.01636 = $10,957.38, which rounds to $10,957. The new, post-adjustment penalty is less than 250 percent of the pre-adjustment penalty, so the limitation on the amount of the adjustment is not implicated. Therefore, the maximum penalty under the PFCRA will be $10,957. B. Adjustments to Penalties Under the NEA's Restrictions on Lobbying Regulations For purposes of the initial adjustment under the 2015 Act, Congress last set or adjusted the amount of Restrictions on Lobbying civil penalties in 1989. Between October 1989 and October 2015, the CPI-U has increased by 189.361 percent. The post-adjustment penalty amount or range is obtained by multiplying the pre-adjustment penalty amount or range by the percent change in the CPI-U over the relevant time period, and rounding to the nearest dollar. Therefore, the post-adjustment minimum penalty under the law on Restrictions on Lobbying is $10,000 x 1.89361 = $18,936.10, which rounds to $18,936, and the post-adjustment maximum penalty under law on Restrictions on Lobbying is $100,000 x 1.89361 = $189,361. The new, post-adjustment penalties are less than 250 percent of the pre-adjustment penalties, so the limitation on the amount of the adjustment is not implicated. Therefore, the range of penalties under the law on Restrictions on Lobbying, for purposes of the first adjustment shall be between $18,936 and $189,361. This regulation also incorporates the subsequent required annual adjustment. The post-adjustment penalty or range is obtained by multiplying the pre-adjustment penalty or range by the percent change in the CPI-U over the relevant time period and rounding to the nearest dollar. Between October 2015 and October 2016, the CPI-U increased by 101.636 percent. Therefore, the post-adjustment minimum penalty under the law on Restrictions on Lobbying is $18,936 x 1.01636 = $19,245.79, which rounds to $19,246, and the post-adjustment maximum penalty under law on Restrictions on Lobbying is $189,361 x 1.01636 = $192,458.95, which rounds to $192,459. The new, post-adjustment penalties are less than 250 percent of the pre-adjustment penalties, so the limitation on the amount of the adjustment is not implicated. Therefore, the range of penalties under the law on Restrictions on Lobbying, for purposes of the first adjustment shall be between $19,246 and $192,459. 3. Subsequent Annual Adjustments The 2015 Act also requires agencies to make annual adjustments to civil penalty amounts no later than January 15 of each year following the initial adjustment described above. For subsequent annual adjustments made in accordance with the 2015 Act, the amount of the adjustment will have the [[Page 27433]] same basis as the annual adjustments previously described herein (the percent increase between the CPI-U for the month of October preceding the date of the adjustment and the CPI-U for the October one year prior to the October immediately preceding the date of the adjustment). If there is no increase, there is no adjustment of civil penalties. Therefore, if the NEA adjusts penalties in January 2018, the adjustment will be calculated based on the percent change between the CPI-U for October 2017 (the October immediately preceding the date of adjustment) and October 2016 (the October one year prior to October 2017). The NEA will publish the amount of these annual inflation adjustments in the Federal Register no later than January 15 of each year. 4. Compliance Regulatory Planning and Review (Executive Order 12866) Executive Order 12866 (E.O. 12866) established a process for review of rules by the Office of Information and Regulatory Affairs, which is within the Office of Management and Budget (OMB). Only ``significant'' proposed and final rules are subject to review under this Executive Order. ``Significant,'' as used in E.O. 12866, means ``economically significant.'' It refers to rules with (1) an impact on the economy of $100 million; or that (2) were inconsistent or interfered with an action taken or planned by another agency; (3) materially altered the budgetary impact of entitlements, grants, user fees, or loan programs; or (4) raised novel legal or policy issues. This interim final rule would not be a significant policy change and OMB has not reviewed this interim final rule under E.O. 12866. We have made the assessments required by E.O. 12866 and determined that this rulemaking: (1) Will not have an effect of $100 million or more on the economy; (2) will not adversely affect in a material way the economy, productivity, competition, jobs, the environment, public health or safety, or State, local, or Tribal governments or communities; (3) will not create a serious inconsistency or otherwise interfere with an action taken or planned by another agency; (4) does not alter the budgetary effects of entitlements, grants, user fees, or loan programs or the rights or obligations of their recipients; and (5) does not raise novel legal or policy issues. Federalism (Executive Order 13132) This rulemaking does not have Federalism implications, as set forth in E.O. 13132. As used in this order, Federalism implications mean ``substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government.'' The NEA has determined that this rulemaking will not have Federalism implications within the meaning of E.O. 13132. Civil Justice Reform (Executive Order 12988) This Directive meets the applicable standards set forth in section 3(a) and 3(b)(2) of E.O. 12988. Specifically, this interim final rule is written in clear language designed to help reduce litigation. Indian Tribal Governments (Executive Order 13175) Under the criteria in E.O. 13175, we have evaluated this interim final rule and determined that it would have no potential effects on Federally recognized Indian Tribes. Takings (Executive Order 12630) Under the criteria in E.O. 12630, this rulemaking does not have significant takings implications. Therefore, a takings implication assessment is not required. Regulatory Flexibility Act of 1980 (5 U.S.C. 605(b)) This rulemaking will not have a significant adverse impact on a substantial number of small entities, including small businesses, small governmental jurisdictions, or certain small not-for-profit organizations. Paperwork Reduction Act of 1995 (44 U.S.C., Chapter 35) This rulemaking will not impose any ``information collection'' requirements under the Paperwork Reduction Act. Under the act, information collection means the obtaining or disclosure of facts or opinions by or for an agency by 10 or more nonfederal persons. Unfunded Mandates Act of 1995 (Section 202, Pub. L. 104-4) This rulemaking does not contain a Federal mandate that will result in the expenditure by State, local, and tribal governments, in the aggregate, or by the private sector of $100 million or more in any one year. National Environmental Policy Act of 1969 (5 U.S.C. 804) The interim final rule will not have significant effect on the human environment. Small Business Regulatory Enforcement Fairness Act of 1996 (Sec. 804, Pub. L. 104-121) This interim final rule would not be a major rule as defined in section 804 of the Small Business Regulatory Enforcement Fairness Act of 1996. This interim final rule will not result in an annual effect on the economy of $100,000,000 or more, a major increase in costs or prices, significant adverse effects on competition, employment, investment, productivity, innovation, or on the ability of United States-based companies to compete with foreign based companies in domestic and export markets. E-Government Act of 2002 (44 U.S.C. 3504) Section 206 of the E-Government Act requires agencies, to the extent practicable, to ensure that all information about that agency required to be published in the Federal Register is also published on a publicly accessible Web site. All information about the NEA required to be published in the Federal Register may be accessed at www.arts.gov. This Act also requires agencies to accept public comments on their rules ``by electronic means.'' See heading ``Public Participation'' for directions on electronic submission of public comments on this interim final rule. Finally, the E-Government Act requires, to the extent practicable, that agencies ensure that a publicly accessible Federal Government Web site contains electronic dockets for rulemakings under the Administrative Procedure Act of 1946 (5 U.S.C. 551 et seq.). Under this Act, an electronic docket consists of all submissions under section 553(c) of title 5, United States Code; and all other materials that by agency rule or practice are included in the rulemaking docket under section 553(c) of title 5, United States Code, whether or not submitted electronically. The Web site https://www.regulations.gov contains electronic dockets for the NEA's rulemakings under the Administrative Procedure Act of 1946. Plain Writing Act of 2010 (5 U.S.C. 301) Under this Act, the term ``plain writing'' means writing that is clear, concise, well-organized, and follows other best practices appropriate to the subject or field and intended audience. To ensure that this rulemaking has been written in plain and clear language so that it can be used and understood by the public, the NEA has modeled the [[Page 27434]] language of this rule on the Federal Plain Language Guidelines. Public Participation The NEA has written this interim final rule in compliance with E.O. 13563 by ensuring its accessibility, consistency, simplicity of language, and overall comprehensibility. In addition, the public participation goals of this order are also satisfied by the NEA's participation in a process in which its views and information are made public to the extent feasible, and before any decisions are actually made. This will allow the public the opportunity to react to the comments, arguments, and information of others during the rulemaking process. The NEA initiates its participation in an open exchange by posting the regulation and its rulemaking docket on https://www.regulations.gov. Finally, Section 2 of E.O. 13563 directs agencies, where feasible and appropriate, to seek the views of those who are likely to be affected by rulemaking. This provision emphasizes the importance of prior consultation with ``those who are likely to benefit from and those who are potentially subject to such rulemaking.'' One goal is to solicit ideas about alternatives, relevant costs and benefits (both quantitative and qualitative), and potential flexibilities. The NEA reaches out to interested and affected parties by soliciting comments. List of Subjects in 45 CFR Parts 1149 and 1158 Administrative practice and procedure, Government contracts, Grant programs, Loan programs, Lobbying, Penalties. For the reasons stated in the preamble, the NEA amends 45 CFR parts 1149 and 1158 as follows: PART 1149--PROGRAM FRAUD CIVIL REMEDIES ACT REGULATIONS 0 1. The authority citation for part 1149 is revised to read as follows: Authority: 5 U.S.C. App. 8G(a)(2); 20 U.S.C. 959; 28 U.S.C. 2461 note; 31 U.S.C. 3801-3812. Sec. 1149.9 [Amended] 0 2. Amend Sec. 1149.9(a)(1) by removing ``$5,000'' and adding in its place ``$10,957''. PART 1158--NEW RESTRICTIONS ON LOBBYING 0 3. The authority citation for part 1158 is revised to read as follows: Authority: 20 U.S.C. 959; 28 U.S.C. 2461; 31 U.S.C. 1352. Sec. 1158.400 [Amended] 0 4. Amend Sec. 1158.400(a) and (b) by: 0 a. Removing ``$10,000'' and adding in its place ``$19,246'' each place it appears. 0 b. Removing ``$100,000'' and adding in its place ``$192,459'' each place it appears. Appendix A to Part 1158 [Amended] 0 5. Amend appendix A to part 1158 by: 0 a. Removing ``$10,000'' and adding in its place ``$19,246'' each place it appears. 0 b. Removing ``$100,000'' and adding in its place ``$192,459'' each place it appears. Dated: June 7, 2017. Kathy N. Daum, Director, Administrative Services Office. [FR Doc. 2017-12071 Filed 6-14-17; 8:45 am] BILLING CODE P
![Federal Register / Vol. 82, No. 114 / Thursday, June 15, 2017 / Rules and Regulations 27431
America, the State of Wyoming, the (Onshore Oil and Gas Leasing) and 43 Dated: June 9, 2017.
State of Montana, the State of North CFR subpart 3600 (sic) (Onshore Oil and Katharine S. MacGregor
Dakota, and the State of Texas. This Gas Operations), Additions of 43 CFR Delegated the Authority of the Assistant
litigation has been consolidated and is subpart 3178 (Royalty-Free Use of Lease Secretary for Land and Minerals
now pending in the U.S. District Court Production) and 43 CFR subpart 3179 Management.
for the District of Wyoming. Wyoming v. (Waste Prevention and Resource [FR Doc. 2017–12325 Filed 6–14–17; 8:45 am]
U.S. Dep’t of the Interior, Case No. 2:16– Conservation) (November 10, 2016)), BILLING CODE 4310–84–P
cv–00285–SWS (D. Wyo.). Petitioners and the uncertain future these
assert that the BLM was arbitrary and requirements face in light of the
capricious in promulgating the Rule and pending litigation and administrative NATIONAL FOUNDATION FOR THE
that the Rule exceeds the BLM’s review of the Rule, the BLM finds that ARTS AND HUMANITIES
statutory authority. justice requires it to postpone the future
On March 28, 2017, the President compliance dates for the following National Endowment for the Arts
issued Executive Order No. 13783 (E.O. sections of the Rule: 43 CFR 3179.7,
13783) entitled, ‘‘Promoting Energy 3179.9, 3179.201, 3179.202, 3179.203, 45 CFR Parts 1149 and 1158
Independence and Economic Growth.’’ and 3179.301–3179.305.
E.O. 13783 directed the Secretary of the RIN 3135–AA33
While the BLM believes the Waste
Interior (Secretary) to review the Rule Prevention Rule was properly Implementing the Federal Civil
for consistency with the policies set promulgated, the petitioners have raised Penalties Adjustment Act
forth in Section 1 of E.O. 13783 and, if serious questions concerning the Improvements Act of 2015
appropriate, publish for notice and validity of certain provisions of the
comment a proposed rule suspending, Rule. Given this legal uncertainty, AGENCY: National Endowment for the
revising, or rescinding the Rule. E.O. operators should not be required to Arts, National Foundation for the Arts
13783 Sec. 7(b). On March 29, 2017, the expend substantial time and resources and Humanities.
Secretary issued Secretarial Order 3349 to comply with regulatory requirements ACTION: Interim final rule; request for
implementing E.O. 13783. The that may prove short-lived as a result of comments.
Department’s review of the Rule is pending litigation or the administrative
ongoing. review that is already under way. SUMMARY: The National Endowment for
The Secretary has received written the Arts (NEA) is adjusting the
Postponing these compliance dates will
requests from WEA and the American maximum civil monetary penalties that
help preserve the regulatory status quo
Petroleum Institute (API) that the BLM may be imposed for violations of the
while the litigation is pending and the
suspend the Rule or postpone its Program Fraud and Civil Remedies Act
Department reviews and reconsiders the
compliance dates in light of the (PFCRA) and the NEA’s Restrictions on
Rule.
regulatory uncertainty created by the Lobbying to reflect the requirements of
pending litigation and the ongoing The provisions with compliance dates
that have passed and are therefore the Federal Civil Penalties Inflation
administrative review of the Rule. Letter Adjustment Act Improvements Act of
from Kathleen M. Sgamma to Secretary unaffected by this document include:
the requirement that operators submit a 2015 (the 2015 Act). The 2015 Act
Zinke (April 4, 2017); letter from Jack N. further amended the Federal Civil
Gerard to Secretary Zinke (May 16, ‘‘waste minimization plan’’ with
applications for permits to drill (43 CFR Penalties Inflation Adjustment Act of
2017). Both API and WEA stated that 1990 (the Inflation Adjustment Act) to
operators face the prospect of significant 3162.3–1), new regulations for the
royalty-free use of production (43 CFR improve the effectiveness of civil
expenditures to comply with provisions monetary penalties and to maintain
of the Rule that will become operative subpart 3178), new regulatory
definitions of ‘‘unavoidably lost’’ and their deterrent effect.
in January 2018. WEA specifically noted
‘‘avoidably lost’’ oil and gas (43 CFR DATES:
that the LDAR, storage tank, and
pneumatic device provisions will 3179.4), limits on venting and flaring Effective date: This rule is effective
require operators to begin purchasing during drilling and production June 15, 2017.
and installing tens of thousands of operations (43 CFR 3179.101–179.105), Comments date: Submit comments on
replacement parts in the near future. and requirements for downhole well or before July 17, 2017.
Section 705 of the Administrative maintenance and liquids unloading (43 ADDRESSES: You may submit comments,
Procedure Act (APA), 5 U.S.C. 705, CFR 3179.204). identified by RIN 3135–AA33, by any of
provides that, ‘‘[w]hen an agency finds Separately, the BLM intends to the following methods:
that justice so requires, it may postpone conduct notice-and-comment • Federal eRulemaking Portal:
the effective date of action taken by it, rulemaking to suspend or extend the https://www.regulations.gov. Follow the
pending judicial review.’’ The Rule compliance dates of those sections instructions for submitting comments.
obligates operators to comply with its affected by the Rule. • Email: generalcounsel@arts.gov.
‘‘capture percentage,’’ flaring Include RIN 3135–AA33 in the subject
II. Postponement of Compliance Dates
measurement, pneumatic equipment, line of the message.
storage tank, and LDAR provisions Pursuant to Section 705 of the APA, • Mail: National Endowment for the
beginning on January 17, 2018. This the BLM hereby postpones the future Arts, Office of the General Counsel, 400
compliance date has not yet passed and compliance dates for the following 7th Street SW., Second Floor,
is within the meaning of the term sections affected by the final rule Washington, DC 20506.
pmangrum on DSK3GDR082PROD with RULES
‘‘effective date’’ as that term is used in entitled, ‘‘Waste Prevention, Production • Hand Delivery/Courier: National
Section 705 of the APA. Considering the Subject to Royalties, and Resource Endowment for the Arts, Office of the
substantial cost that complying with Conservation’’, pending judicial review: General Counsel, 400 7th Street SW.,
these requirements poses to operators 43 CFR 3179.7, 3179.9, 3179.201, Second Floor, Washington, DC 20506.
(see U.S. Bureau of Land Management, 3179.202, 3179.203, and 3179.301– Instructions: All submissions received
Regulatory Impact Analysis for: 3179.305. BLM will publish a document must include the agency name and
Revisions to 43 CFR subpart 3100 announcing the outcome of that review. docket number or Regulatory
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language of this rule on the Federal Authority: 20 U.S.C. 959; 28 U.S.C. 2461; establish requirements pertaining to the
Plain Language Guidelines. 31 U.S.C. 1352. monitoring and reporting of such taking.
Public Participation § 1158.400 [Amended] DATES: As of June 15, 2017, the
expiration date of the rule published at
The NEA has written this interim ■ 4. Amend § 1158.400(a) and (b) by: 77 FR 31537 on May 29, 2012, is
final rule in compliance with E.O. ■ a. Removing ‘‘$10,000’’ and adding in extended from June 28, 2017, to July 3,
13563 by ensuring its accessibility, its place ‘‘$19,246’’ each place it 2022. This final rule is effective July 4,
consistency, simplicity of language, and appears. 2017.
overall comprehensibility. In addition, ■ b. Removing ‘‘$100,000’’ and adding
ADDRESSES: A copy of MBNMS’s
the public participation goals of this in its place ‘‘$192,459’’ each place it
application and supporting documents,
order are also satisfied by the NEA’s appears.
as well as a list of the references cited
participation in a process in which its Appendix A to Part 1158 [Amended] in this document, may be obtained
views and information are made public online at: www.nmfs.noaa.gov/pr/
to the extent feasible, and before any ■ 5. Amend appendix A to part 1158 by: permits/incidental/research.htm. In case
decisions are actually made. This will ■ a. Removing ‘‘$10,000’’ and adding in of problems accessing these documents,
allow the public the opportunity to react its place ‘‘$19,246’’ each place it please call the contact listed below (see
to the comments, arguments, and appears. FOR FURTHER INFORMATION CONTACT).
information of others during the ■ b. Removing ‘‘$100,000’’ and adding
FOR FURTHER INFORMATION CONTACT:
rulemaking process. The NEA initiates in its place ‘‘$192,459’’ each place it
Laura McCue, Office of Protected
its participation in an open exchange by appears.
Resources, NMFS, (301) 427–8401.
posting the regulation and its Dated: June 7, 2017. SUPPLEMENTARY INFORMATION:
rulemaking docket on https:// Kathy N. Daum,
www.regulations.gov. Director, Administrative Services Office. Purpose and Need for This Regulatory
Finally, Section 2 of E.O. 13563 Action
[FR Doc. 2017–12071 Filed 6–14–17; 8:45 am]
directs agencies, where feasible and BILLING CODE P These regulations, promulgated under
appropriate, to seek the views of those the Marine Mammal Protection Act (16
who are likely to be affected by U.S.C. 1361 et seq.), establish a
rulemaking. This provision emphasizes framework for authorizing the take of
the importance of prior consultation DEPARTMENT OF COMMERCE
marine mammals incidental to the
with ‘‘those who are likely to benefit commercial fireworks displays in four
National Oceanic and Atmospheric
from and those who are potentially regions within the MBNMS: Half Moon
Administration
subject to such rulemaking.’’ One goal is Bay, Santa Cruz/Soquel, Monterey
to solicit ideas about alternatives, Peninsula, and Cambria. We received an
50 CFR Part 217
relevant costs and benefits (both adequate and complete application from
quantitative and qualitative), and [Docket No. 161216999–7516–02] the MBNMS on October 18, 2016,
potential flexibilities. The NEA reaches requesting 5-year regulations and
out to interested and affected parties by RIN 0648–BG50
authorization to take, by Level B
soliciting comments. harassment, California sea lions
Taking and Importing Marine
List of Subjects in 45 CFR Parts 1149 Mammals; Taking Marine Mammals (Zalophus californianus) and harbor
and 1158 Incidental to Commercial Fireworks seals (Phoca vitulina richardii)
Displays at Monterey Bay National incidental to commercial fireworks
Administrative practice and displays permitted by the MBNMS.
Marine Sanctuary
procedure, Government contracts, Grant Please see Background below for
programs, Loan programs, Lobbying, AGENCY: National Marine Fisheries definitions of harassment. The
Penalties. Service (NMFS), National Oceanic and Sanctuary’s current incidental take
For the reasons stated in the Atmospheric Administration (NOAA), authorization regulations expire June
preamble, the NEA amends 45 CFR Commerce. 28, 2017. The regulations implemented
parts 1149 and 1158 as follows: ACTION: Final rule. by this final rule would be valid from
July 4, 2017 through July 3, 2022.
PART 1149—PROGRAM FRAUD CIVIL SUMMARY: NMFS, upon request from the
Monterey Bay National Marine Legal Authority for the Regulatory
REMEDIES ACT REGULATIONS
Sanctuary (MBNMS or Sanctuary), Action
■ 1. The authority citation for part 1149 hereby issues regulations pursuant to Sections 101(a)(5)(A) and (D) of the
is revised to read as follows: the Marine Mammal Protection Act MMPA (16 U.S.C. 1361 et seq.) direct
Authority: 5 U.S.C. App. 8G(a)(2); 20 (MMPA) to govern the taking of marine the Secretary of Commerce to allow,
U.S.C. 959; 28 U.S.C. 2461 note; 31 U.S.C. mammals incidental to commercial upon request, the incidental but not
3801–3812. fireworks displays permitted by the intentional taking of small numbers of
Sanctuary in California, over the course marine mammals by U.S. citizens who
§ 1149.9 [Amended] of five years (2017–2022). These engage in a specified activity (other than
■ 2. Amend § 1149.9(a)(1) by removing regulations, which allow for the commercial fishing) within a specified
‘‘$5,000’’ and adding in its place issuance of Letters of Authorization geographical region for up to five years
pmangrum on DSK3GDR082PROD with RULES
‘‘$10,957’’. (LOA) for the incidental take of marine if, after notice and public comment, the
mammals during the described activities agency makes certain findings and issue
PART 1158—NEW RESTRICTIONS ON and specified timeframes, prescribe the regulations that set forth permissible
LOBBYING permissible methods of taking and other methods of taking pursuant to that
means of effecting the least practicable activity, as well as monitoring and
■ 3. The authority citation for part 1158 adverse impact on marine mammal reporting requirements. Section
is revised to read as follows: species or stocks and their habitat, and 101(a)(5)(A) of the MMPA and the
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Document Created: 2017-06-15 01:03:24
Document Modified: 2017-06-15 01:03:24
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Interim final rule; request for comments. | |
| Dates | Effective date: This rule is effective June 15, 2017. | |
| Contact | Aswathi Zachariah, Assistant General Counsel, National Endowment for the Arts, 400 7th St. SW., Washington, DC 20506, Telephone: 202-682-5418. | |
| FR Citation | 82 FR 27431 | |
| RIN Number | 3135-AA33 | |
| CFR Citation | 45
CFR
1149 45 CFR 1158 | |
| CFR Associated | Administrative Practice and Procedure; Government Contracts; Grant Programs; Loan Programs; Lobbying and Penalties |
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