82 FR 6305 - Onshore Oil and Gas Operations-Annual Civil Penalties Inflation Adjustments
DEPARTMENT OF THE INTERIOR
Bureau of Land Management Federal Register Volume 82, Issue 12 (January 19, 2017)
Bureau of Land Management
Federal Register Volume 82, Issue 12 (January 19, 2017)
| Page Range | 6305-6307 | |
| FR Document | 2017-00727 |
[Federal Register Volume 82, Number 12 (Thursday, January 19, 2017)] [Rules and Regulations] [Pages 6305-6307] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-00727] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF THE INTERIOR Bureau of Land Management 43 CFR Part 3160 [17X.LLWO310000.L13100000.PP0000] RIN 1004-AE49 Onshore Oil and Gas Operations--Annual Civil Penalties Inflation Adjustments AGENCY: Bureau of Land Management, Interior. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: This rule adjusts the level of civil monetary penalties contained in the Bureau of Land Management's regulations governing onshore oil and gas operations as required by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (the ``Act''). The adjustments made by this final rule constitute the annual inflation adjustments contemplated by the Act, and are consistent with applicable Office of Management and Budget (OMB) guidance. DATES: This rule is effective on January 19, 2017. FOR FURTHER INFORMATION CONTACT: Steven Wells, Division Chief, Fluid Minerals Division, 202-912-7143, for information regarding the BLM's Fluid Minerals Program. For questions relating to regulatory process issues, please contact Jennifer Noe, Division of Regulatory Affairs, at 202-912-7442. Persons who use a telecommunications device for the deaf (TDD) may call the Federal Information Relay Service (FIRS) at 1-800- 877-8339, 24 hours a day, 7 days a week to contact the above individuals. SUPPLEMENTARY INFORMATION: I. Background II. Calculation of Adjustment III. Procedural Requirements A. Regulatory Planning and Review (E.O. 12866 and 13563) B. Regulatory Flexibility Act C. Small Business Regulatory Enforcement Fairness Act D. Unfunded Mandates Reform Act E. Takings (E.O. 12630) F. Federalism (E.O. 13132) G. Civil Justice Reform (E.O. 12988) H. Consultation with Indian Tribes (E.O. 13175 and Departmental Policy) I. Paperwork Reduction Act J. National Environmental Policy Act K. Effects on the Energy Supply (E.O. 13211) L. Administrative Procedure Act I. Background On November 2, 2015, the President signed the Act into law (Sec. 701 of Pub. L. 114-74). The Act requires agencies to: 1. Adjust the level of civil monetary penalties with an initial ``catch-up'' adjustment through an interim final rulemaking in 2016; 2. Make subsequent annual adjustments for inflation beginning in 2017; and 3. Report annually in Agency Financial Reports on these inflation adjustments. In July 2016, the BLM issued an interim final rule that adjusted the level of civil monetary penalties with the initial ``catch-up'' adjustment, which is reflected in the table below in the ``Previous Penalty'' column. With this final rule, the BLM is adjusting civil monetary penalties for inflation. The adjustments made by this rule are consistent with the requirements of the Act and OMB guidance. The purpose of these adjustments is to maintain the deterrent effect of civil penalties found in existing regulations, in order to further the policy goals of the underlying statutes. The BLM has reviewed its existing regulations and determined that only the civil monetary penalties found at 43 CFR 3163.2 are subject to the Act's requirements. The adjustments made by this final rule constitute the first annual adjustment contemplated by the Act, and include the following changes to the penalties: ---------------------------------------------------------------------------------------------------------------- Previous Adjusted CFR Citation Description of the penalty penalty penalty ---------------------------------------------------------------------------------------------------------------- 43 CFR 3163.2(a).............................. Failure to comply............... $1,031 $1,048 43 CFR 3163.2(b).............................. If corrective action is not 10,314 10,483 taken. 43 CFR 3163.2(d).............................. If transporter fails to permit 1,031 1,048 inspection for documentation. 43 CFR 3163.2(e).............................. Failure to permit inspection, 20,628 20,965 failure to notify. 43 CFR 3163.2(f).............................. False or inaccurate documents; 51,570 52,414 unlawful transfer or purchase. 43 CFR 3163.2(g)(1)........................... Initial penalty under 43 CFR 1,031 1,048 3163.2(a) for a major violation. 43 CFR 3163.2(g)(1)........................... Maximum penalty under 43 CFR 2,063 2,097 3163.2(a) for a major violation. [[Page 6306]] 43 CFR 3163.2(g)(1)........................... Initial penalty under 43 CFR 10,314 10,483 3163.2(b) for a major violation. 43 CFR 3163.2(g)(1)........................... Maximum penalty under 43 CFR 20,628 20,965 3163.2(b) for a major violation. 43 CFR 3163.2(g)(1)........................... Penalty under 43 CFR 3163.2(d) 1,031 1,048 for a major violation. 43 CFR 3163.2(g)(1)........................... Penalty under 43 CFR 3163.2(e) 20,628 20,965 for a major violation. 43 CFR 3163.2(g)(1)........................... Penalty under 43 CFR 3163.2(f) 51,570 52,414 for a major violation. 43 CFR 3163.2(g)(2)(iii)...................... Initial penalty under 43 CFR 103 105 3163.2(a) for a minor violation. 43 CFR 3163.2(g)(2)(iii)...................... Initial penalty under 43 CFR 1,031 1,048 3163.2(b) for a minor violation. 43 CFR 3163.2(g)(2)(iii)...................... Maximum penalty under 43 CFR 206 209 3163.2(a) for a minor violation. 43 CFR 3163.2(g)(2)(iii)...................... Maximum penalty under 43 CFR 2,063 2,097 3163.2(b) for a minor violation. ---------------------------------------------------------------------------------------------------------------- II. Calculation of Adjustment OMB issued guidance on calculating the annual adjustment for 2017 in accordance with the Act. See December 16, 2016, Memorandum for the Heads of Executive Departments and Agencies, from Shaun Donovan, Director, Office of Management and Budget, re: Implementation of the 2017 annual adjustment pursuant to the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015. Under this guidance, the Department of the Interior has identified applicable civil monetary penalties and calculated the annual adjustment. A civil monetary penalty is any assessment with a dollar amount that is levied for a violation of a Federal civil statute or regulation, and is assessed or enforceable through a civil action in Federal court or an administrative proceeding. A civil monetary penalty does not include a penalty levied for violation of a criminal statute, or fees for services, licenses, permits, or other regulatory review. The calculated annual inflation adjustments are based on the percent change between the October CPI-U preceding the date of the adjustment, and the prior year's October CPI-U. In this case, October 2016 CPI-U (241.729)/ October 2015 CPI-U (237.838) = 1.01636. III. Procedural Requirements A. Regulatory Planning and Review (E.O. 12866 and 13563) Executive Order 12866 provides that the Office of Information and Regulatory Affairs in the Office of Management and Budget will review all significant rules. The Office of Information and Regulatory Affairs has determined that this rule is not significant. Executive Order 13563 reaffirms the principles of E.O. 12866 while calling for improvements in the nation's regulatory system to promote predictability, to reduce uncertainty, and to use the best, most innovative, and least burdensome tools for achieving regulatory ends. The executive order directs agencies to consider regulatory approaches that reduce burdens and maintain flexibility and freedom of choice for the public where these approaches are relevant, feasible, and consistent with regulatory objectives. E.O. 13563 emphasizes further that regulations must be based on the best available science, and that the rulemaking process must allow for public participation and an open exchange of ideas. We have developed this rule in a manner consistent with these requirements. B. Regulatory Flexibility Act The Regulatory Flexibility Act (RFA) requires an agency to prepare a regulatory flexibility analysis for rules unless the agency certifies that the rule will not have a significant economic impact on a substantial number of small entities. The RFA applies only to rules for which an agency is required to first publish a proposed rule. See 5 U.S.C. 603(a) and 604(a). The Act requires agencies to adjust civil penalties annually for inflation through a final rule (see Sec. 4(b)(2) of the Act). Because the final rule in this case does not include publication of a proposed rule, the RFA does not apply to this final rule. C. Small Business Regulatory Enforcement Fairness Act This rule is not a major rule under 5 U.S.C. 804(2), the Small Business Regulatory Enforcement Fairness Act. This rule: (a) Does not have an annual effect on the economy of $100 million or more. (b) Will not cause a major increase in costs or prices for consumers, individual industries, Federal, State, or local government agencies, or geographic regions. (c) Does not have significant adverse effects on competition, employment, investment, productivity, innovation, or the ability of U.S.-based enterprises to compete with foreign-based enterprises. This rule will potentially affect individuals and companies who hold leases on Federal or Indian lands. The BLM believes that the vast majority of potentially affected entities will be small businesses as defined by the Small Business Administration. However, the BLM does not believe the rule will pose a significant economic impact on the industry, including any small entities, for two reasons. First, any lessee can avoid being assessed civil penalties by operating in compliance with BLM rules and regulations. Second, payments for penalties adjusted as a result of this rule will be negligible compared with the $23 billion worth of crude oil and natural gas produced from Federal and Indian leases in FY 2015. D. Unfunded Mandates Reform Act This rule does not impose an unfunded mandate on State, local, or tribal governments, or the private sector of more than $100 million per year. The rule does not have a significant or unique effect on State, local, or tribal governments or the private sector. A statement containing the information required by the Unfunded Mandates Reform Act (2 U.S.C. 1531 et seq.) is not required. E. Takings (E.O. 12630) This rule does not effect a taking of private property or otherwise have takings implications under Executive Order 12630. A takings implication assessment is not required. F. Federalism (E.O. 13132) Under the criteria in section 1 of Executive Order 13132, this rule does not have sufficient federalism implications to warrant the preparation of a federalism summary impact statement. A federalism summary impact statement is not required. G. Civil Justice Reform (E.O. 12988) This rule complies with the requirements of Executive Order 12988. Specifically, this rule: (a) Meets the criteria of section 3(a) requiring that all regulations be reviewed to eliminate errors and ambiguity and be written to minimize litigation; and (b) Meets the criteria of section 3(b)(2) requiring that all regulations be written in clear language and contain clear legal standards. [[Page 6307]] H. Consultation With Indian Tribes (E.O. 13175 and Departmental policy) The Department of the Interior strives to strengthen its government-to-government relationship with Indian tribes through a commitment to consultation with Indian tribes and recognition of their right to self-governance and tribal sovereignty. We have evaluated this rule under the Department's consultation policy and under the criteria in Executive Order 13175 and have determined that it has no substantial direct effects on federally recognized Indian tribes and that consultation under the Department's tribal consultation policy is not required. I. Paperwork Reduction Act This rule does not contain information collection requirements, and a submission to OMB under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.) is not required. We may not conduct or sponsor, and you are not required to respond to, a collection of information unless it displays a currently valid OMB control number. J. National Environmental Policy Act A detailed statement under the National Environmental Policy Act of 1969 (NEPA) is not required because the rule is covered by a categorical exclusion. This rule is excluded from the requirement to prepare a detailed statement because it is a regulation of an administrative nature. (For further information see 43 CFR 46.210(i).) We have also determined that the rule does not involve any of the extraordinary circumstances listed in 43 CFR 46.215 that would require further analysis under NEPA. K. Effects on the Energy Supply (E.O. 13211) This rule is not a significant energy action under the definition in Executive Order 13211. Therefore, a Statement of Energy Effects is not required. L. Administrative Procedure Act The BLM is promulgating this rule as a final rule because the Act expressly directs us to do so. In accordance with the Act, agencies must adjust civil monetary penalties notwithstanding Section 553 of the Administrative Procedure Act (APA) (see Sec. 4(b)(2) of the Act). This means that the notice and opportunity to comment procedures of the APA do not apply and are not required for agencies to issue regulations implementing the annual adjustment. In addition, since the Act does not give the BLM any discretion to vary the amount of the annual inflation adjustment for any given penalty to reflect any views or suggestions provided by commenters, it would serve no purpose to provide an opportunity for public comment on this rule. List of Subjects 43 CFR Part 3160 Administrative practice and procedure; Government contracts; Indians-lands; Mineral royalties; Oil and gas exploration; Penalties; Public lands-mineral resources; Reporting and recordkeeping requirements. For the reasons given in the preamble, the BLM amends Chapter II of Title 43 of the Code of Federal Regulations as follows: PART 3160--ONSHORE OIL AND GAS OPERATIONS 0 1. The authority citation for part 3160 is revised to read as follows: Authority: 25 U.S.C. 396d and 2107; 30 U.S.C. 189, 306, 359, and 1751; 43 U.S.C. 1732(b), 1733, 1740; and Sec. 107, Pub. L. 114- 74, 129 Stat. 599, unless otherwise noted. Subpart 3163--Noncompliance, Assessments, and Penalties Sec. 3163.2 [Amended] 0 2. In Sec. 3163.2: 0 a. In paragraph (a), remove ``$1,031'' and add in its place ``$1,048''. 0 b. In paragraph (b), remove ``$10,314'' and add in its place ``$10,483''. 0 c. In paragraph (d), remove ``$1,031'' and add in its place ``$1,048''. 0 d. In paragraph (e) introductory text, remove ``$20,628'' and add in its place ``$20,965''. 0 e. In paragraph (f) introductory text, remove ``$51,570'' and add in its place ``$52,414''. 0 f. In paragraph (g)(1), remove ``$1,031'' each place that it occurs and add in its place ``$1,048''; remove ``$10,314'' and add in its place ``$10,483''; remove ``$2,063 and add in its place ``$2,097''; remove ``$20,628''each place that it occurs and add in its place ``$20,965''; remove ``$51,570'' and add in its place ``$52,414''. 0 g. In paragraph (g)(2)(iii), remove ``$103'' and add in its place ``$105''; remove ``$1,031'' and add in its place ``$1,048''; remove ``$206'' and add in its place ``$209''; remove ``$2,063'' and add in its place ``$2,097''. Dated: January 10, 2017. Amanda C. Leiter, Acting Assistant Secretary, Land and Minerals Management. [FR Doc. 2017-00727 Filed 1-18-17; 8:45 am] BILLING CODE 4310-84-P
![Federal Register / Vol. 82, No. 12 / Thursday, January 19, 2017 / Rules and Regulations 6305
subcutaneous needle administration of a as of the effective date of a tax enacted I. Background
vaccine. to provide funds for compensation paid II. Calculation of Adjustment
(3) Sequela means a condition or with respect to such vaccines. An III. Procedural Requirements
event which was actually caused by a amendment to this section will be A. Regulatory Planning and Review (E.O.
12866 and 13563)
condition listed in the Vaccine Injury published in the Federal Register to B. Regulatory Flexibility Act
Table. announce the effective date of such a C. Small Business Regulatory Enforcement
(4) Significantly decreased level of tax. Fairness Act
consciousness is indicated by the [FR Doc. 2017–00701 Filed 1–18–17; 8:45 am] D. Unfunded Mandates Reform Act
presence of one or more of the following BILLING CODE 4160–15–P E. Takings (E.O. 12630)
clinical signs: F. Federalism (E.O. 13132)
(i) Decreased or absent response to G. Civil Justice Reform (E.O. 12988)
environment (responds, if at all, only to H. Consultation with Indian Tribes (E.O.
loud voice or painful stimuli); DEPARTMENT OF THE INTERIOR 13175 and Departmental Policy)
(ii) Decreased or absent eye contact I. Paperwork Reduction Act
Bureau of Land Management J. National Environmental Policy Act
(does not fix gaze upon family members
K. Effects on the Energy Supply (E.O.
or other individuals); or
(iii) Inconsistent or absent responses 43 CFR Part 3160 13211)
L. Administrative Procedure Act
to external stimuli (does not recognize [17X.LLWO310000.L13100000.PP0000]
familiar people or things). I. Background
RIN 1004–AE49
(5) Seizure includes myoclonic, On November 2, 2015, the President
generalized tonic-clonic (grand mal), Onshore Oil and Gas Operations— signed the Act into law (Sec. 701 of Pub.
and simple and complex partial Annual Civil Penalties Inflation L. 114–74). The Act requires agencies to:
seizures, but not absence (petit mal), or Adjustments 1. Adjust the level of civil monetary
pseudo seizures. Jerking movements or penalties with an initial ‘‘catch-up’’
staring episodes alone are not AGENCY: Bureau of Land Management,
adjustment through an interim final
necessarily an indication of seizure Interior.
rulemaking in 2016;
activity. ACTION: Final rule. 2. Make subsequent annual
(e) Coverage provisions. (1) Except as
SUMMARY: This rule adjusts the level of adjustments for inflation beginning in
provided in paragraph (e)(2), (3), (4), (5),
civil monetary penalties contained in 2017; and
(6), (7), or (8) of this section, this section
the Bureau of Land Management’s 3. Report annually in Agency
applies only to petitions for
regulations governing onshore oil and Financial Reports on these inflation
compensation under the program filed
gas operations as required by the adjustments.
with the United States Court of Federal
Federal Civil Penalties Inflation In July 2016, the BLM issued an
Claims on or after February 21, 2017.
(2) Hepatitis B, Hib, and varicella Adjustment Act Improvements Act of interim final rule that adjusted the level
vaccines (Items VIII, IX, and X of the 2015 (the ‘‘Act’’). The adjustments made of civil monetary penalties with the
Table) are included in the Table as of by this final rule constitute the annual initial ‘‘catch-up’’ adjustment, which is
August 6, 1997. inflation adjustments contemplated by reflected in the table below in the
(3) Rotavirus vaccines (Item XI of the the Act, and are consistent with ‘‘Previous Penalty’’ column.
Table) are included in the Table as of applicable Office of Management and With this final rule, the BLM is
October 22, 1998. Budget (OMB) guidance. adjusting civil monetary penalties for
(4) Pneumococcal conjugate vaccines inflation. The adjustments made by this
DATES: This rule is effective on January
(Item XII of the Table) are included in rule are consistent with the
19, 2017. requirements of the Act and OMB
the Table as of December 18, 1999.
FOR FURTHER INFORMATION CONTACT: guidance.
(5) Hepatitis A vaccines (Item XIII of
the Table) are included on the Table as Steven Wells, Division Chief, Fluid The purpose of these adjustments is to
of December 1, 2004. Minerals Division, 202–912–7143, for maintain the deterrent effect of civil
(6) Trivalent influenza vaccines information regarding the BLM’s Fluid penalties found in existing regulations,
(Included in item XIV of the Table) are Minerals Program. For questions in order to further the policy goals of the
included on the Table as of July 1, 2005. relating to regulatory process issues, underlying statutes. The BLM has
All other seasonal influenza vaccines please contact Jennifer Noe, Division of reviewed its existing regulations and
(Item XIV of the Table) are included on Regulatory Affairs, at 202–912–7442. determined that only the civil monetary
the Table as of November 12, 2013. Persons who use a telecommunications penalties found at 43 CFR 3163.2 are
(7) Meningococcal vaccines and device for the deaf (TDD) may call the subject to the Act’s requirements.
human papillomavirus vaccines (Items Federal Information Relay Service The adjustments made by this final
XV and XVI of the Table) are included (FIRS) at 1–800–877–8339, 24 hours a rule constitute the first annual
on the Table as of February 1, 2007. day, 7 days a week to contact the above adjustment contemplated by the Act,
(8) Other new vaccines (Item XVII of individuals. and include the following changes to
the Table) will be included in the Table SUPPLEMENTARY INFORMATION: the penalties:
Previous Adjusted
CFR Citation Description of the penalty
asabaliauskas on DSK3SPTVN1PROD with RULES
penalty penalty
43 CFR 3163.2(a) ............................ Failure to comply ....................................................................................... $1,031 $1,048
43 CFR 3163.2(b) ............................ If corrective action is not taken ................................................................. 10,314 10,483
43 CFR 3163.2(d) ............................ If transporter fails to permit inspection for documentation ....................... 1,031 1,048
43 CFR 3163.2(e) ............................ Failure to permit inspection, failure to notify ............................................. 20,628 20,965
43 CFR 3163.2(f) ............................. False or inaccurate documents; unlawful transfer or purchase ................ 51,570 52,414
43 CFR 3163.2(g)(1) ....................... Initial penalty under 43 CFR 3163.2(a) for a major violation ................... 1,031 1,048
43 CFR 3163.2(g)(1) ....................... Maximum penalty under 43 CFR 3163.2(a) for a major violation ............ 2,063 2,097
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![Federal Register / Vol. 82, No. 12 / Thursday, January 19, 2017 / Rules and Regulations 6307
H. Consultation With Indian Tribes adjustment for any given penalty to DEPARTMENT OF THE INTERIOR
(E.O. 13175 and Departmental policy) reflect any views or suggestions
The Department of the Interior strives provided by commenters, it would serve Fish and Wildlife Service
to strengthen its government-to- no purpose to provide an opportunity
government relationship with Indian for public comment on this rule. 50 CFR Part 11
tribes through a commitment to List of Subjects 43 CFR Part 3160 [Docket No. FWS–HQ–LE–2017–0001;
consultation with Indian tribes and FF09L00200–FX–LE18110900000]
recognition of their right to self- Administrative practice and
procedure; Government contracts; RIN 1018–BB97
governance and tribal sovereignty. We
have evaluated this rule under the Indians-lands; Mineral royalties; Oil and
gas exploration; Penalties; Public lands- Civil Penalties; 2017 Inflation
Department’s consultation policy and Adjustments for Civil Monetary
under the criteria in Executive Order mineral resources; Reporting and
recordkeeping requirements. Penalties
13175 and have determined that it has
no substantial direct effects on federally For the reasons given in the preamble, AGENCY: Fish and Wildlife Service,
recognized Indian tribes and that the BLM amends Chapter II of Title 43 Interior.
consultation under the Department’s of the Code of Federal Regulations as ACTION: Final rule.
tribal consultation policy is not follows:
required. SUMMARY: The U.S. Fish and Wildlife
PART 3160—ONSHORE OIL AND GAS Service (Service or we) is issuing this
I. Paperwork Reduction Act OPERATIONS final rule, in accordance with the
This rule does not contain Federal Civil Penalties Inflation
information collection requirements, ■ 1. The authority citation for part 3160 Adjustment Act Improvements Act of
and a submission to OMB under the is revised to read as follows: 2015 (Inflation Adjustment Act) and
Paperwork Reduction Act (44 U.S.C. Authority: 25 U.S.C. 396d and 2107; 30 Office of Management and Budget
3501 et seq.) is not required. We may U.S.C. 189, 306, 359, and 1751; 43 U.S.C. (OMB) guidance, to adjust for inflation
not conduct or sponsor, and you are not 1732(b), 1733, 1740; and Sec. 107, Pub. L. the statutory civil monetary penalties
required to respond to, a collection of 114–74, 129 Stat. 599, unless otherwise that may be assessed for violations of
information unless it displays a noted. Service-administered statutes and their
currently valid OMB control number. implementing regulations. We are
Subpart 3163—Noncompliance, required to adjust civil monetary
J. National Environmental Policy Act Assessments, and Penalties penalties annually for inflation
A detailed statement under the § 3163.2 [Amended] according to a formula specified in the
National Environmental Policy Act of Inflation Adjustment Act. This rule
1969 (NEPA) is not required because the ■ 2. In § 3163.2: replaces the previously issued amounts
rule is covered by a categorical ■ a. In paragraph (a), remove ‘‘$1,031’’ with the updated amounts after using
exclusion. This rule is excluded from and add in its place ‘‘$1,048’’. the 2017 inflation adjustment multiplier
the requirement to prepare a detailed ■ b. In paragraph (b), remove ‘‘$10,314’’ provided in the OMB guidance.
statement because it is a regulation of an and add in its place ‘‘$10,483’’.
DATES: This rule is effective January 19,
administrative nature. (For further ■ c. In paragraph (d), remove ‘‘$1,031’’
2017.
information see 43 CFR 46.210(i).) We and add in its place ‘‘$1,048’’.
ADDRESSES: This rule may be found on
have also determined that the rule does ■ d. In paragraph (e) introductory text,
the internet at www.regulations.gov in
not involve any of the extraordinary remove ‘‘$20,628’’ and add in its place
Docket No. FWS–HQ–LE–2017–0001.
circumstances listed in 43 CFR 46.215 ‘‘$20,965’’.
The previous rulemaking action related
that would require further analysis ■ e. In paragraph (f) introductory text,
to this rule and described below in
under NEPA. remove ‘‘$51,570’’ and add in its place
SUPPLEMENTARY INFORMATION may be
‘‘$52,414’’.
K. Effects on the Energy Supply (E.O. found at www.regulations.gov in Docket
■ f. In paragraph (g)(1), remove
13211) No. FWS–HQ–LE–2016–0045.
‘‘$1,031’’ each place that it occurs and
This rule is not a significant energy add in its place ‘‘$1,048’’; remove FOR FURTHER INFORMATION CONTACT: Paul
action under the definition in Executive ‘‘$10,314’’ and add in its place Beiriger, Special Agent in Charge,
Order 13211. Therefore, a Statement of ‘‘$10,483’’; remove ‘‘$2,063 and add in Branch of Investigations, U.S. Fish and
Energy Effects is not required. its place ‘‘$2,097’’; remove Wildlife Service, Office of Law
‘‘$20,628’’each place that it occurs and Enforcement, (703) 358–1949.
L. Administrative Procedure Act
add in its place ‘‘$20,965’’; remove SUPPLEMENTARY INFORMATION:
The BLM is promulgating this rule as ‘‘$51,570’’ and add in its place
a final rule because the Act expressly Background
‘‘$52,414’’.
directs us to do so. In accordance with ■ g. In paragraph (g)(2)(iii), remove The regulations in title 50 of the Code
the Act, agencies must adjust civil ‘‘$103’’ and add in its place ‘‘$105’’; of Federal Regulations at 50 CFR part 11
monetary penalties notwithstanding remove ‘‘$1,031’’ and add in its place provide uniform rules and procedures
Section 553 of the Administrative ‘‘$1,048’’; remove ‘‘$206’’ and add in its for the assessment of civil penalties
Procedure Act (APA) (see § 4(b)(2) of the place ‘‘$209’’; remove ‘‘$2,063’’ and add resulting from violations of certain laws
asabaliauskas on DSK3SPTVN1PROD with RULES
Act). This means that the notice and in its place ‘‘$2,097’’. and regulations enforced by the Service.
opportunity to comment procedures of On November 2, 2015, the President
the APA do not apply and are not Dated: January 10, 2017. signed into law the Federal Civil
required for agencies to issue Amanda C. Leiter, Penalties Inflation Adjustment Act
regulations implementing the annual Acting Assistant Secretary, Land and Improvements Act of 2015 (sec. 701 of
adjustment. In addition, since the Act Minerals Management. Pub. L. 114–74) (Inflation Adjustment
does not give the BLM any discretion to [FR Doc. 2017–00727 Filed 1–18–17; 8:45 am] Act). The Inflation Adjustment Act
vary the amount of the annual inflation BILLING CODE 4310–84–P requires Federal agencies to adjust the
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Document Created: 2018-02-01 15:16:02
Document Modified: 2018-02-01 15:16:02
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This rule is effective on January 19, 2017. | |
| Contact | Steven Wells, Division Chief, Fluid Minerals Division, 202-912-7143, for information regarding the BLM's Fluid Minerals Program. For questions relating to regulatory process issues, please contact Jennifer Noe, Division of Regulatory Affairs, at 202-912-7442. Persons who use a telecommunications device for the deaf (TDD) may call the Federal Information Relay Service (FIRS) at 1-800- 877-8339, 24 hours a day, 7 days a week to contact the above individuals. | |
| FR Citation | 82 FR 6305 | |
| RIN Number | 1004-AE49 |
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