83 FR 2540 - Oil Spill Financial Responsibility Adjustment of the Limit of Liability for Offshore Facilities
DEPARTMENT OF THE INTERIOR
Bureau of Ocean Energy Management Federal Register Volume 83, Issue 12 (January 18, 2018)
Bureau of Ocean Energy Management
Federal Register Volume 83, Issue 12 (January 18, 2018)
| Page Range | 2540-2542 | |
| FR Document | 2018-00798 |
[Federal Register Volume 83, Number 12 (Thursday, January 18, 2018)] [Rules and Regulations] [Pages 2540-2542] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-00798] ----------------------------------------------------------------------- DEPARTMENT OF THE INTERIOR Bureau of Ocean Energy Management 30 CFR Part 553 [Docket ID: BOEM-2017-0048; MMAA104000] RIN 1010-AD98 Oil Spill Financial Responsibility Adjustment of the Limit of Liability for Offshore Facilities AGENCY: Bureau of Ocean Energy Management, Interior. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Bureau of Ocean Energy Management is issuing this final rule to adjust the offshore facility limit of liability for damages under the Oil Pollution Act of 1990 (OPA) to reflect the increase in the Consumer Price Index (CPI) since 2013. This rule increases the OPA offshore facility limit of liability for damages from $133.65 million to $137.6595 million. DATES: This rule is effective on February 20, 2018. FOR FURTHER INFORMATION CONTACT: Questions regarding the inflation adjustment methodology or amount should be directed to Mr. Martin Heinze, Economics Division, BOEM, at [email protected] or at 703- 787-1141. Questions regarding the timing of this adjustment or the applicability of the regulations should be directed to Deanna Meyer- Pietruszka, Chief, Office of Policy, Regulation and Analysis, Bureau of Ocean Energy Management (BOEM), at [email protected] or at (202) 208-6352. SUPPLEMENTARY INFORMATION: I. Background II. Calculation of the 2017 Adjustment III. Effective Date IV. Procedural Requirements A. Regulatory Planning and Review (E.O. 12866, 13563 and 13771) B. Regulatory Flexibility Act C. Small Business Regulatory Enforcement Fairness Act D. Unfunded Mandates Reform Act E. Takings (E.O. 12630) F. Federalism (E.O. 13132) G. Civil Justice Reform (E.O. 12988) H. Consultation With Indian Tribes (E.O. 13175 and Departmental Policy) I. Paperwork Reduction Act J. National Environmental Policy Act K. Effects on the Energy Supply (E.O. 13211) I. Background The OPA established a comprehensive regime for addressing the consequences of oil spills, ranging from spill response to compensation for damages to injured parties. Under Title I of the OPA, the responsible parties for any vessel or facility, including any offshore facility that discharges or poses a substantial threat of discharge of oil into or upon navigable waters, adjoining shorelines, or the exclusive economic zone, are liable for the removal costs and damages that result from such discharge or threat of discharge, as specified in 33 U.S.C. 2702(a) and (b). Under 33 U.S.C. 2704(a), however, the total liability of each responsible party is limited, subject to certain exceptions specified in 33 U.S.C. 2704(c). In 1990, the OPA provided that responsible parties for an offshore facility incident were liable for ``the total of all removal costs plus $75,000,000.'' (33 U.S.C. 2704(a)(3)). To prevent the real value of the OPA limits of liability from declining over time as a result of inflation, and shifting the financial risk of oil spill incidents to the Oil Spill Liability Trust Fund (OSLTF), the OPA requires that the President adjust the limits of liability ``not less than every three years,'' by regulation, to reflect significant increases in the CPI. (33 U.S.C. 2704(d)(4)). This mandate, in place since 1990, preserves the deterrent effect and ``polluter pays'' principle embodied in OPA. BOEM last adjusted for inflation the OPA offshore facility limit of liability for damages on December 12, 2014 (79 FR 73832). That 2014 rule updated the offshore facility limit of liability based on the Consumer Price Index All Urban Consumer (CPI-U) using the 2013 annual average CPI-U. The Bureau of Labor Statisitcs (BLS) has published the 2016 annual average CPI-U, which BOEM is using to calculate this three- year inflation adjustment for the offshore facility limit of liability. BOEM is promulgating this rule pursuant to the provisions of Title I of OPA, Executive Order (E.O.) 12777, as amended, and BOEM regulations at 30 CFR part 553, subpart G--Limit of Liability for Offshore Facilities. A proposed rule is unnecessary, and BOEM thus has good cause for issuing this final rule under 5 U.S.C. 553(b), because the adjustment in the limit of liability is mandated by statute, the methodology for determining the amount is defined in BOEM's regulations, and those regulations at Sec. Sec. 553.703(b)(4) and 553.704 provide that inflation adjustments to the offshore facilities limit of liability will be implemented through final rulemaking. The legislative and regulatory history for OPA limit of liability inflation adjustments can be found in the rulemaking preamble for the last inflation adjustment at 79 FR 73832. II. Calculation of the 2017 Adjustment The methodology for calculating the offshore facilities limit of liability inflation adjustment is provided in Sec. 553.703. Section 553.703(b)(2) requires that, not later than every three years from the year the limit of liability was last adjusted for inflation, BOEM will evaluate whether the cumulative percent change in the annual CPI since that year has reached a significance threshold of three percent or greater. BOEM's regulations specify Annual CPI-U as the appropriate mechanism by which to measure CPI. The limit of liability was last adjusted using the 2013 Annual CPI-U and BOEM has determined that the cumulative percent change in the Annual CPI-U since 2013 [[Page 2541]] exceeds three percent. Therefore, as required by BOEM's regulations, BOEM must increase the offshore limit of liability for damages in Sec. 553.702 by an amount equal to the cumulative percent change in the Annual CPI-U from the year the limit was last adjusted by regulation. The formula for calculating a cumulative percent change in the Annual CPI-U provided in Sec. 553.703(a) is as follows: The percent change in the Annual CPI-U = [(Annual CPI-U for Current Period - Annual CPI-U for Previous Period) / Annual CPI-U for Previous Period] x 100. Using the BLS Annual CPI-U index numbers for 2013 and 2016, the calculation is: (240.007-232.957) / 232.957 = 0.03026. Multiplying x 100 yields a cumulative percent change of 3.026 percent. Section 553.703(a) requires the cumulative percent change value to be rounded to one decimal place, resulting in a value of 3.0 percent. Under Sec. 553.703(c), BOEM calculates the adjustment to the offshore facilities limit of liability for inflation using the following formula: New limit of liability = Previous limit of liability + (Previous limit of liability x the decimal equivalent of the percent change in the Annual CPI-U), rounded to the closest $100. The calculation is: $133.65 million + ($133.65 million x 0.03) = $137.6595 million. Therefore, BOEM is revising the regulations at Sec. 553.702 to increase the limit of liability under OPA for a responsible party for any offshore facility, including any offshore pipeline, to the total of all removal costs plus $137.6595 million for damages with respect to each incident. Further information regarding the CPI and the methodology used by the BLS to develop the CPI is available at: https://www.bls.gov/cpi/cpi_dr.htm#2017. III. Effective Date BOEM's regulations, at Sec. 553.704, provide for a 90-day delay in the effective date of the adjustment to the limit of liability. Section 553.704 also provides that BOEM may, as part of a rule amending Sec. 553.702, specify a different amount of time between the publication of the rule in the Federal Register and the effective date of that rule. The adjustment in the limit of liability is mandated by statute and the methodology for determining the amount of the update is defined in BOEM's regulations. Given that Sec. 553.704 specifically allows other than a 90-day delay in effective date to be announced in this rule amending Sec. 553.702, BOEM has determined that a 30-day delay in effective date is appropriate. IV. Procedural Requirements A. Regulatory Planning and Review (E.O. 12866, 13563 and 13771) E.O. 12866 provides that the Office of Information and Regulatory Affairs (OIRA) in the Office of Management and Budget (OMB) will review all significant rules. OIRA has determined that this rule is not significant. This rule is an update to the offshore facility limit of liability under the OPA. It is neither a new regulation, nor does it increase the regulatory burden on regulated entities. This final rule simply maintains the value of the limit of liability set by the OPA in 1990 by updating the limit of liability for three years of inflation as required by the OPA at 33 U.S.C. 2704(d)(4). E.O. 13563 reaffirms the principles of E.O. 12866 while calling for improvements in the nation's regulatory system to reduce uncertainty and to promote predictability and the use of the best, most innovative, and least burdensome tools for achieving regulatory ends. E.O. 13563 directs agencies to consider regulatory approaches that reduce burdens and maintain flexibility and freedom of choice for the public where these approaches are relevant, feasible, and consistent with regulatory objectives. The OPA statutory mandate does not give BOEM the discretion to reduce burdens or maintain freedom of choice. E.O. 13771 of January 30, 2017, directs Federal agencies to reduce the regulatory burden on regulated entities and control regulatory costs. The E.O., however, applies only to significant regulatory actions, as defined in Section 3(f) of E.O. 12866. This rulemaking does not meet the definition for a significant regulatory action; thus, E.O. 13771 does not apply to this rulemaking. B. Regulatory Flexibility Act The Regulatory Flexibility Act (RFA) requires an agency to prepare a regulatory flexibility analysis for all rules unless the agency certifies that the rule will not have a significant economic impact on a substantial number of small entities. The RFA applies only to rules for which an agency is required to first publish a proposed rule (see 5 U.S.C. 603(a) and 604(a)). Thus, the RFA does not apply to this rulemaking. C. Small Business Regulatory Enforcement Fairness Act This rule is not a major rule under 5 U.S.C. 804(2), the Small Business Regulatory Enforcement Fairness Act. Implementation of this rule will not: (a) Have an annual effect on the economy of $100 million or more; (b) cause a major increase in costs or prices for consumers, individual industries, Federal, State, or local government agencies, or geographic regions; or (c) result in significant adverse effects on competition, employment, investment, productivity, innovation, or the ability of U.S.-based enterprises to compete with foreign-based enterprises. D. Unfunded Mandates Reform Act This rule does not impose an unfunded mandate on State, local, or tribal governments, or the private sector of more than $100 million per year. This rule does not have a significant or unique effect on state, local, or tribal governments or the private sector. A statement containing the information required by the Unfunded Mandates Reform Act (2 U.S.C. 1531 et seq.) is not required. E. Takings (E.O. 12630) This rule does not effect a taking of private property or otherwise have takings implications under E.O. 12630. Therefore, a takings implication assessment is not required. F. Federalism (E.O. 13132) Under the criteria in section 1 of E.O. 13132, this rule does not have sufficient federalism implications to warrant the preparation of a federalism summary impact statement. Therefore, a federalism summary impact statement is not required. G. Civil Justice Reform (E.O. 12988) This rule complies with the requirements of E.O. 12988. Specifically, this rule: (a) Meets the criteria of section 3(a) requiring that all regulations be reviewed to eliminate errors and ambiguity and be written to minimize litigation; and (b) Meets the criteria of section 3(b)(2) requiring that all regulations be written in clear language and contain clear legal standards. H. Consultation With Indian Tribes (E.O. 13175 and Departmental Policy) E.O. 13175 provides that tribal consultation is not necessary for regulations required by statute. Because this rule simply implements a statutory mandate, tribal consultation is not required by this Executive Order. The Department of the Interior continually strives to strengthen its government-to-government relationship with Indian tribes through a [[Page 2542]] commitment to consultation with Indian tribes and recognizes their right to self-governance and tribal sovereignty. BOEM is also respectful of its responsibilities for consultation with corporations established pursuant to the Alaska Native Claims Settlement Act, 43 U.S.C. 1601 et seq. (ANCSA). BOEM has evaluated this rule under the consultation policy of the Department of the Interior in Chapters 4 and 5 of Series 512 of the Departmental Manual and has determined that this rule has no substantial direct effects on any Tribe or ANCSA Corporation, as defined in 512 DM 4.3 to include, among others, Federally-recognized Alaska Native tribes. On the basis of this evaluation, BOEM has determined that consultation is not necessary to comply with any DOI policy. I. Paperwork Reduction Act This rule does not contain information collection requirements, and a submission to the OMB under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.) is not required. We may not conduct or sponsor, and you are not required to respond to, a collection of information unless it displays a currently valid OMB control number. J. National Environmental Policy Act A detailed environmental analysis under the National Environmental Policy Act of 1969 (NEPA) is not required if the rule is covered by a categorical exclusion (see 43 CFR 46.205). This final rule meets the criteria set forth at 43 CFR 46.210(i) for a Departmental Categorical Exclusion in that this final rule is ``. . . of an administrative, financial, legal, technical, or procedural nature . . .'' We have also determined that the rule does not involve any of the extraordinary circumstances listed in 43 CFR 46.215 that would require further analysis under NEPA. K. Effects on the Energy Supply (E.O. 13211) This rule is not a significant energy action under the definition in E.O. 13211. Therefore, a Statement of Energy Effects is not required. List of Subjects in 30 CFR Part 553 Administrative practice and procedure, Continental shelf, Financial responsibility, Liability, Limit of liability, Oil and gas exploration, Oil pollution, Oil spill, Outer Continental Shelf, Penalties, Pipelines, Rights-of-way, Reporting and recordkeeping requirements, Surety bonds, Treasury securities. Dated: January 9, 2018. Joseph R. Balash, Assistant Secretary--Land and Minerals Management. For the reasons stated in the preamble, BOEM amends 30 CFR part 553 as follows: PART 553--OIL SPILL FINANCIAL RESPONSIBILITY FOR OFFSHORE FACILITIES 0 1. The authority citation for part 553 continues to read as follows: Authority: 33 U.S.C. 2704, 2716; E.O. 12777, as amended. 0 2. Revise Sec. 553.702 to read as follows: Sec. 553.702 What limit of liability applies to my offshore facility? Except as provided in 33 U.S.C. 2704(c), the limit of liability under OPA for a responsible party for any offshore facility, including any offshore pipeline, is the total of all removal costs plus $137.6595 million for damages with respect to each incident. [FR Doc. 2018-00798 Filed 1-17-18; 8:45 am] BILLING CODE 4310-MR-P
![2540 Federal Register / Vol. 83, No. 12 / Thursday, January 18, 2018 / Rules and Regulations
K. Effects on the Energy Supply (E.O. the increase in the Consumer Price the financial risk of oil spill incidents to
13211) Index (CPI) since 2013. This rule the Oil Spill Liability Trust Fund
This rule is not a significant energy increases the OPA offshore facility limit (OSLTF), the OPA requires that the
action under the definition in E.O. of liability for damages from $133.65 President adjust the limits of liability
13211. Therefore, a Statement of Energy million to $137.6595 million. ‘‘not less than every three years,’’ by
Effects is not required. DATES: This rule is effective on February regulation, to reflect significant
20, 2018. increases in the CPI. (33 U.S.C.
List of Subjects in 30 CFR Part 250 FOR FURTHER INFORMATION CONTACT: 2704(d)(4)). This mandate, in place
Administrative practice and Questions regarding the inflation since 1990, preserves the deterrent
procedure, Continental shelf, adjustment methodology or amount effect and ‘‘polluter pays’’ principle
Continental Shelf—mineral resources, should be directed to Mr. Martin embodied in OPA.
Continental Shelf—rights-of-way, Heinze, Economics Division, BOEM, at BOEM last adjusted for inflation the
Environmental impact statements, martin.heinze@boem.gov or at 703–787– OPA offshore facility limit of liability
Environmental protection, Government 1141. Questions regarding the timing of for damages on December 12, 2014 (79
contracts, Investigations, Oil and gas FR 73832). That 2014 rule updated the
this adjustment or the applicability of
exploration, Penalties, Pipelines, offshore facility limit of liability based
the regulations should be directed to
Reporting and recordkeeping on the Consumer Price Index All Urban
Deanna Meyer-Pietruszka, Chief, Office
requirements, Sulfur. Consumer (CPI–U) using the 2013
of Policy, Regulation and Analysis,
annual average CPI–U. The Bureau of
Joseph R. Balash,
Bureau of Ocean Energy Management
Labor Statisitcs (BLS) has published the
(BOEM), at deanna.meyer-pietruszka@
Assistant Secretary—Land and Minerals 2016 annual average CPI–U, which
boem.gov or at (202) 208–6352.
Management, U.S. Department of the Interior. BOEM is using to calculate this three-
SUPPLEMENTARY INFORMATION: year inflation adjustment for the
For the reasons given in the preamble, I. Background
the Bureau of Safety and Environmental offshore facility limit of liability.
II. Calculation of the 2017 Adjustment
Enforcement amends title 30, chapter II, III. Effective Date
BOEM is promulgating this rule
subchapter B, part 250 Code of Federal IV. Procedural Requirements pursuant to the provisions of Title I of
Regulations as follows. A. Regulatory Planning and Review (E.O. OPA, Executive Order (E.O.) 12777, as
12866, 13563 and 13771) amended, and BOEM regulations at 30
PART 250—OIL AND GAS AND B. Regulatory Flexibility Act CFR part 553, subpart G—Limit of
SULFUR OPERATIONS IN THE OUTER C. Small Business Regulatory Enforcement Liability for Offshore Facilities. A
CONTINENTAL SHELF Fairness Act proposed rule is unnecessary, and
D. Unfunded Mandates Reform Act BOEM thus has good cause for issuing
■ 1. The authority citation for 30 CFR E. Takings (E.O. 12630) this final rule under 5 U.S.C. 553(b),
part 250 continues to read as follows: F. Federalism (E.O. 13132) because the adjustment in the limit of
G. Civil Justice Reform (E.O. 12988)
Authority: 30 U.S.C. 1751, 31 U.S.C. 9701, H. Consultation With Indian Tribes (E.O.
liability is mandated by statute, the
33 U.S.C. 1321(j)(1)(C), 43 U.S.C. 1334. 13175 and Departmental Policy) methodology for determining the
■ 2. Revise § 250.1403 to read as I. Paperwork Reduction Act amount is defined in BOEM’s
follows: J. National Environmental Policy Act regulations, and those regulations at
K. Effects on the Energy Supply (E.O. §§ 553.703(b)(4) and 553.704 provide
§ 250.1403 What is the maximum civil 13211) that inflation adjustments to the
penalty? offshore facilities limit of liability will
The maximum civil penalty is I. Background
be implemented through final
$43,576 per day per violation. The OPA established a rulemaking. The legislative and
[FR Doc. 2018–00920 Filed 1–17–18; 8:45 am] comprehensive regime for addressing regulatory history for OPA limit of
BILLING CODE 4310–VH–P
the consequences of oil spills, ranging liability inflation adjustments can be
from spill response to compensation for found in the rulemaking preamble for
damages to injured parties. Under Title the last inflation adjustment at 79 FR
DEPARTMENT OF THE INTERIOR I of the OPA, the responsible parties for 73832.
any vessel or facility, including any
Bureau of Ocean Energy Management offshore facility that discharges or poses II. Calculation of the 2017 Adjustment
a substantial threat of discharge of oil The methodology for calculating the
30 CFR Part 553 into or upon navigable waters, adjoining offshore facilities limit of liability
shorelines, or the exclusive economic inflation adjustment is provided in
[Docket ID: BOEM–2017–0048;
MMAA104000] zone, are liable for the removal costs § 553.703.
and damages that result from such Section 553.703(b)(2) requires that,
RIN 1010–AD98 discharge or threat of discharge, as not later than every three years from the
specified in 33 U.S.C. 2702(a) and (b). year the limit of liability was last
Oil Spill Financial Responsibility Under 33 U.S.C. 2704(a), however, the adjusted for inflation, BOEM will
Adjustment of the Limit of Liability for total liability of each responsible party evaluate whether the cumulative
Offshore Facilities is limited, subject to certain exceptions percent change in the annual CPI since
AGENCY: Bureau of Ocean Energy specified in 33 U.S.C. 2704(c). In 1990, that year has reached a significance
Management, Interior. the OPA provided that responsible threshold of three percent or greater.
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ACTION: Final rule. parties for an offshore facility incident BOEM’s regulations specify Annual
were liable for ‘‘the total of all removal CPI–U as the appropriate mechanism by
SUMMARY: The Bureau of Ocean Energy costs plus $75,000,000.’’ (33 U.S.C. which to measure CPI. The limit of
Management is issuing this final rule to 2704(a)(3)). liability was last adjusted using the
adjust the offshore facility limit of To prevent the real value of the OPA 2013 Annual CPI–U and BOEM has
liability for damages under the Oil limits of liability from declining over determined that the cumulative percent
Pollution Act of 1990 (OPA) to reflect time as a result of inflation, and shifting change in the Annual CPI–U since 2013
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![Federal Register / Vol. 83, No. 12 / Thursday, January 18, 2018 / Rules and Regulations 2541
exceeds three percent. Therefore, as 30-day delay in effective date is Implementation of this rule will not:
required by BOEM’s regulations, BOEM appropriate. (a) Have an annual effect on the
must increase the offshore limit of economy of $100 million or more;
IV. Procedural Requirements
liability for damages in § 553.702 by an (b) cause a major increase in costs or
amount equal to the cumulative percent A. Regulatory Planning and Review prices for consumers, individual
change in the Annual CPI–U from the (E.O. 12866, 13563 and 13771) industries, Federal, State, or local
year the limit was last adjusted by E.O. 12866 provides that the Office of government agencies, or geographic
regulation. Information and Regulatory Affairs regions; or
The formula for calculating a (OIRA) in the Office of Management and (c) result in significant adverse effects
cumulative percent change in the Budget (OMB) will review all significant on competition, employment,
Annual CPI–U provided in § 553.703(a) rules. OIRA has determined that this investment, productivity, innovation, or
is as follows: The percent change in the rule is not significant. the ability of U.S.-based enterprises to
Annual CPI–U = [(Annual CPI–U for This rule is an update to the offshore compete with foreign-based enterprises.
Current Period ¥ Annual CPI–U for facility limit of liability under the OPA.
Previous Period) ÷ Annual CPI–U for D. Unfunded Mandates Reform Act
It is neither a new regulation, nor does
Previous Period] × 100. Using the BLS it increase the regulatory burden on This rule does not impose an
Annual CPI–U index numbers for 2013 regulated entities. This final rule simply unfunded mandate on State, local, or
and 2016, the calculation is: maintains the value of the limit of tribal governments, or the private sector
(240.007¥232.957) ÷ 232.957 = 0.03026. liability set by the OPA in 1990 by of more than $100 million per year. This
Multiplying × 100 yields a cumulative updating the limit of liability for three rule does not have a significant or
percent change of 3.026 percent. Section years of inflation as required by the unique effect on state, local, or tribal
553.703(a) requires the cumulative OPA at 33 U.S.C. 2704(d)(4). governments or the private sector. A
percent change value to be rounded to E.O. 13563 reaffirms the principles of statement containing the information
one decimal place, resulting in a value E.O. 12866 while calling for required by the Unfunded Mandates
of 3.0 percent. improvements in the nation’s regulatory Reform Act (2 U.S.C. 1531 et seq.) is not
Under § 553.703(c), BOEM calculates system to reduce uncertainty and to required.
the adjustment to the offshore facilities promote predictability and the use of
limit of liability for inflation using the E. Takings (E.O. 12630)
the best, most innovative, and least
following formula: New limit of liability burdensome tools for achieving This rule does not effect a taking of
= Previous limit of liability + (Previous regulatory ends. E.O. 13563 directs private property or otherwise have
limit of liability × the decimal agencies to consider regulatory takings implications under E.O. 12630.
equivalent of the percent change in the approaches that reduce burdens and Therefore, a takings implication
Annual CPI–U), rounded to the closest maintain flexibility and freedom of assessment is not required.
$100. The calculation is: $133.65 choice for the public where these
million + ($133.65 million × 0.03) = F. Federalism (E.O. 13132)
approaches are relevant, feasible, and
$137.6595 million. consistent with regulatory objectives. Under the criteria in section 1 of E.O.
Therefore, BOEM is revising the The OPA statutory mandate does not 13132, this rule does not have sufficient
regulations at § 553.702 to increase the give BOEM the discretion to reduce federalism implications to warrant the
limit of liability under OPA for a burdens or maintain freedom of choice. preparation of a federalism summary
responsible party for any offshore E.O. 13771 of January 30, 2017, impact statement. Therefore, a
facility, including any offshore pipeline, directs Federal agencies to reduce the federalism summary impact statement is
to the total of all removal costs plus regulatory burden on regulated entities not required.
$137.6595 million for damages with and control regulatory costs. The E.O., G. Civil Justice Reform (E.O. 12988)
respect to each incident. however, applies only to significant
Further information regarding the CPI regulatory actions, as defined in Section This rule complies with the
and the methodology used by the BLS 3(f) of E.O. 12866. This rulemaking does requirements of E.O. 12988.
to develop the CPI is available at: not meet the definition for a significant Specifically, this rule:
https://www.bls.gov/cpi/cpi_ regulatory action; thus, E.O. 13771 does (a) Meets the criteria of section 3(a)
dr.htm#2017. not apply to this rulemaking. requiring that all regulations be
reviewed to eliminate errors and
III. Effective Date B. Regulatory Flexibility Act ambiguity and be written to minimize
BOEM’s regulations, at § 553.704, The Regulatory Flexibility Act (RFA) litigation; and
provide for a 90-day delay in the requires an agency to prepare a (b) Meets the criteria of section 3(b)(2)
effective date of the adjustment to the regulatory flexibility analysis for all requiring that all regulations be written
limit of liability. Section 553.704 also rules unless the agency certifies that the in clear language and contain clear legal
provides that BOEM may, as part of a rule will not have a significant standards.
rule amending § 553.702, specify a economic impact on a substantial
different amount of time between the H. Consultation With Indian Tribes
number of small entities. The RFA (E.O. 13175 and Departmental Policy)
publication of the rule in the Federal applies only to rules for which an
Register and the effective date of that agency is required to first publish a E.O. 13175 provides that tribal
rule. The adjustment in the limit of proposed rule (see 5 U.S.C. 603(a) and consultation is not necessary for
liability is mandated by statute and the 604(a)). Thus, the RFA does not apply regulations required by statute. Because
sradovich on DSK3GMQ082PROD with RULES
methodology for determining the to this rulemaking. this rule simply implements a statutory
amount of the update is defined in mandate, tribal consultation is not
BOEM’s regulations. Given that C. Small Business Regulatory required by this Executive Order.
§ 553.704 specifically allows other than Enforcement Fairness Act The Department of the Interior
a 90-day delay in effective date to be This rule is not a major rule under 5 continually strives to strengthen its
announced in this rule amending U.S.C. 804(2), the Small Business government-to-government relationship
§ 553.702, BOEM has determined that a Regulatory Enforcement Fairness Act. with Indian tribes through a
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![2542 Federal Register / Vol. 83, No. 12 / Thursday, January 18, 2018 / Rules and Regulations
commitment to consultation with Indian Dated: January 9, 2018. effect for the time being. The final rule
tribes and recognizes their right to self- Joseph R. Balash, modernizes the deposit requirements by
governance and tribal sovereignty. Assistant Secretary—Land and Minerals requiring applicants to submit their
BOEM is also respectful of its Management. photographs in a digital format when
responsibilities for consultation with For the reasons stated in the using GRPPH, GRUPH, or the pilot
corporations established pursuant to the preamble, BOEM amends 30 CFR part program for photographic databases,
Alaska Native Claims Settlement Act, 43 553 as follows: along with a separate document
U.S.C. 1601 et seq. (ANCSA). containing a list of the titles and file
BOEM has evaluated this rule under PART 553—OIL SPILL FINANCIAL names for each photograph. The final
the consultation policy of the RESPONSIBILITY FOR OFFSHORE rule revises the eligibility requirements
Department of the Interior in Chapters 4 FACILITIES for GRPPH and GRUPH by providing
and 5 of Series 512 of the Departmental that all the photographs must be created
Manual and has determined that this ■ 1. The authority citation for part 553 by the same ‘‘author’’ (a term that
rule has no substantial direct effects on continues to read as follows: includes an employer or other person
any Tribe or ANCSA Corporation, as Authority: 33 U.S.C. 2704, 2716; E.O. for whom a work is made for hire), and
defined in 512 DM 4.3 to include, 12777, as amended. clarifying that they do not need to be
among others, Federally-recognized created by the same photographer or
■ 2. Revise § 553.702 to read as follows: published within the same country. It
Alaska Native tribes. On the basis of this
evaluation, BOEM has determined that § 553.702 What limit of liability applies to also confirms that a group registration
consultation is not necessary to comply my offshore facility? issued under GRPHH or GRUPH covers
with any DOI policy. Except as provided in 33 U.S.C. each photograph in the group, each
2704(c), the limit of liability under OPA photograph is registered as a separate
I. Paperwork Reduction Act work, and the group as a whole is not
for a responsible party for any offshore
This rule does not contain facility, including any offshore pipeline, considered a compilation or a collective
information collection requirements, is the total of all removal costs plus work.
and a submission to the OMB under the $137.6595 million for damages with DATES: Effective February 20, 2018.
Paperwork Reduction Act (44 U.S.C. respect to each incident. FOR FURTHER INFORMATION CONTACT:
3501 et seq.) is not required. We may [FR Doc. 2018–00798 Filed 1–17–18; 8:45 am] Robert J. Kasunic, Associate Register of
not conduct or sponsor, and you are not BILLING CODE 4310–MR–P Copyrights and Director of Registration
required to respond to, a collection of Policy and Practice; Sarang Vijay Damle,
information unless it displays a General Counsel and Associate Register
currently valid OMB control number. of Copyrights; Erik Bertin, Deputy
LIBRARY OF CONGRESS
J. National Environmental Policy Act Director of Registration Policy and
U.S. Copyright Office Practice by telephone at 202–707–8040
A detailed environmental analysis or by email at rkas@loc.gov, sdam@
under the National Environmental 37 CFR Parts 201, 202 loc.gov, and ebertin@loc.gov.
Policy Act of 1969 (NEPA) is not SUPPLEMENTARY INFORMATION:
required if the rule is covered by a [Docket No. 2016–10]
categorical exclusion (see 43 CFR I. Background
Group Registration of Photographs
46.205). This final rule meets the The Copyright Act gives the Register
criteria set forth at 43 CFR 46.210(i) for AGENCY: U.S. Copyright Office, Library of Copyrights (the ‘‘Register’’) the
a Departmental Categorical Exclusion in of Congress. discretion to allow groups of related
that this final rule is ‘‘. . . of an ACTION: Final rule. works to be registered with one
administrative, financial, legal, application and one filing fee. See 17
technical, or procedural nature . . .’’ We SUMMARY: The U.S. Copyright Office is U.S.C. 408(c)(1). Congress cited ‘‘a
have also determined that the rule does modernizing its practices to increase the group of photographs by one
not involve any of the extraordinary efficiency of the group registration photographer’’ as an example of a
circumstances listed in 43 CFR 46.215 option for photographs. This final rule ‘‘group of related works’’ that would be
that would require further analysis modifies the procedure for registering suitable for a group registration. H.R.
under NEPA. groups of published photographs Rep. No. 94–1476, at 154 (1976),
(GRPPH), and establishes a similar reprinted in 1976 U.S.C.C.A.N. 5659,
K. Effects on the Energy Supply (E.O.
procedure for registering groups of 5770; S. Rep. No. 94–473, at 136 (1975).
13211)
unpublished photographs (GRUPH). When large numbers of photographs are
This rule is not a significant energy Applicants will be required to use a new grouped together in one application,
action under the definition in E.O. online application specifically designed however, information about the
13211. Therefore, a Statement of Energy for each option, instead of using a paper individual works may not be adequately
Effects is not required. application, and will be allowed to captured. Group registration options
include up to 750 photographs in each therefore require careful balancing of
List of Subjects in 30 CFR Part 553
claim. The ‘‘unpublished collection’’ the need for an accurate public record
Administrative practice and option (which allows an unlimited and the need for an efficient method of
procedure, Continental shelf, Financial number of photographs to be registered facilitating the examination of those
sradovich on DSK3GMQ082PROD with RULES
responsibility, Liability, Limit of with one application), and the ‘‘pilot works.
liability, Oil and gas exploration, Oil program’’ (which allows an unlimited On December 1, 2016, the Copyright
pollution, Oil spill, Outer Continental number of published photographs to be Office (the ‘‘Office’’) published a Notice
Shelf, Penalties, Pipelines, Rights-of- registered with the application designed of Proposed Rulemaking (‘‘NPRM’’)
way, Reporting and recordkeeping for one work) will be eliminated. The setting forth proposed amendments to
requirements, Surety bonds, Treasury corresponding ‘‘pilot program’’ for the current regulation governing the
securities. photographic databases will remain in group registration option for published
VerDate Sep<11>2014 15:51 Jan 17, 2018 Jkt 244001 PO 00000 Frm 00018 Fmt 4700 Sfmt 4700 E:\FR\FM\18JAR1.SGM 18JAR1](https://thefederalregister.org/doc/83_FR_2552/page/3.svg)
Document Created: 2018-01-18 00:42:20
Document Modified: 2018-01-18 00:42:20
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This rule is effective on February 20, 2018. | |
| Contact | Questions regarding the inflation adjustment methodology or amount should be directed to Mr. Martin Heinze, Economics Division, BOEM, at [email protected] or at 703- 787-1141. Questions regarding the timing of this adjustment or the applicability of the regulations should be directed to Deanna Meyer- Pietruszka, Chief, Office of Policy, Regulation and Analysis, Bureau of Ocean Energy Management (BOEM), at [email protected] or at (202) 208-6352. | |
| FR Citation | 83 FR 2540 | |
| RIN Number | 1010-AD98 | |
| CFR Associated | Administrative Practice and Procedure; Continental Shelf; Financial Responsibility; Liability; Limit of Liability; Oil and Gas Exploration; Oil Pollution; Oil Spill; Outer Continental Shelf; Penalties; Pipelines; Rights-Of-Way; Reporting and Recordkeeping Requirements; Surety Bonds and Treasury Securities |
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