83 FR 8930 - Oil and Gas and Sulfur Operations in the Outer Continental Shelf-Civil Penalties Inflation Adjustments
DEPARTMENT OF THE INTERIOR
Bureau of Ocean Energy Management Federal Register Volume 83, Issue 42 (March 2, 2018)
Bureau of Ocean Energy Management
Federal Register Volume 83, Issue 42 (March 2, 2018)
| Page Range | 8930-8933 | |
| FR Document | 2018-04248 |
[Federal Register Volume 83, Number 42 (Friday, March 2, 2018)] [Rules and Regulations] [Pages 8930-8933] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-04248] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF THE INTERIOR Bureau of Ocean Energy Management 30 CFR Parts 550 and 553 [Docket ID: BOEM-2017-0079; MMAA104000] RIN 1010-AD99 Oil and Gas and Sulfur Operations in the Outer Continental Shelf--Civil Penalties Inflation Adjustments AGENCY: Bureau of Ocean Energy Management, Interior. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: This final rule implements the 2018 adjustment of the level of the maximum civil monetary penalties contained in the Bureau of Ocean Energy Management (BOEM) regulations pursuant to the Outer Continental Shelf Lands Act (OCSLA), the Oil Pollution Act of 1990 (OPA), the Federal Civil [[Page 8931]] Penalties Inflation Adjustment Act Improvements Act of 2015 (FCPIA of 2015), and the Office of Management and Budget (OMB) guidance. The 2018 adjustment multiplier of 1.02041 accounts for one year of inflation spanning the period from October 2016 through October 2017. DATES: This rule is effective on March 2, 2018. FOR FURTHER INFORMATION CONTACT: Deanna Meyer-Pietruszka, Chief, Office of Policy, Regulation and Analysis, Bureau of Ocean Energy Management, at (202) 208-6352 or by email at deanna.meyer-pietruszka@boem.gov. SUPPLEMENTARY INFORMATION: I. Background and Legal Authority II. Calculation of 2018 Adjustments III. 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 and Legal Authority The Outer Continental Shelf Lands Act (OCSLA) directs the Secretary of the Interior to adjust the OCSLA maximum civil penalty amount at least once every three years to reflect any increase in the Consumer Price Index to account for inflation (43 U.S.C. 1350(b)(1)). The Federal Civil Penalties Inflation Adjustment Act of 1990 (Pub. L. 104- 410) (FCPIA of 1990) requires that all civil monetary penalties, including the OCSLA maximum civil penalty amount, be adjusted at least once every four years. Similarly, the Oil Pollution Act of 1990 (OPA) authorizes the Secretary of the Interior to impose civil penalties for failure to comply with financial responsibility regulations that implement OPA. The FCPIA of 1990 requires that all civil monetary penalties, including the OPA maximum civil penalty amount, be adjusted for inflation at least once every four years. The FCPIA of 2015 requires Federal agencies to promulgate annual inflation adjustments for civil monetary penalties. Specifically, agencies are required to adjust the level of civil monetary penalties with an initial ``catch-up'' adjustment through an interim final rulemaking (IFR) in 2016, and must make subsequent annual adjustments for inflation, beginning in 2017. Agencies were required to publish the first annual inflation adjustments in the Federal Register by no later than January 15, 2017, and must publish recurring annual inflation adjustments by no later than January 15 each subsequent year. The purpose of these adjustments is to maintain the deterrent effect of civil penalties and to further the policy goals of the underlying statutes. BOEM last adjusted the levels of civil monetary penalties in BOEM regulations through a final rule, RIN 1010-AD95 [82 FR 10709], which was published on February 15, 2017. The OMB Memorandum M-18-03, issued December 15, 2017, (Implementation of Penalty Inflation Adjustments for 2018, Pursuant to the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015; https://www.whitehouse.gov/wp-content/uploads/2017/11/M-18-03.pdf) explains agency statutory responsibilities for: Identifying applicable penalties and performing the annual adjustment; publishing revisions to regulations to implement the adjustment in the Federal Register; applying adjusted penalty levels; and performing agency oversight of inflation adjustments. BOEM is promulgating this 2018 inflation adjustment for civil penalties as a final rule pursuant to the provisions of the FCPIA of 2015 and OMB guidance. A proposed rule is not required because the FCPIA of 2015 states that agencies shall adjust civil monetary penalties ``notwithstanding Section 553 of the Administrative Procedure Act.'' (FCPIA of 2015 at sec. 4(b)(2)). Accordingly, Congress expressly exempted the annual inflation adjustments implemented pursuant to the FCPIA of 2015 from the pre-promulgation notice and comment requirements of the Administrative Procedure Act (APA), allowing them to be published as a final rule. This interpretation of the statute is confirmed by OMB Memorandum M-18-03. (OMB Memorandum M-18-03 at 4 (``This means that the public procedure the APA generally requires-- notice, an opportunity for comment, and a delay in effective date--is not required for agencies to issue regulations implementing the annual adjustment.'')). II. Calculation of 2018 Adjustments Under the FCPIA of 2015 and the guidance provided in OMB Memorandum M-18-03, BOEM has identified applicable civil monetary penalties and calculated the necessary inflation adjustments. The previous civil penalty inflation adjustments accounted for inflation through October 2016. The required annual civil penalty inflation adjustment promulgated through this rule accounts for inflation through October 2017. Annual inflation adjustments are based on the percent change between the Consumer Price Index for all Urban Consumers (CPI-U) for the October preceding the date of the adjustment, and the prior year's October CPI-U. Consistent with the guidance in OMB Memorandum M-18-03, BOEM divided the October 2017 CPI-U by the October 2016 CPI-U to calculate the multiplying factor. In this case, October 2017 CPI-U (246.663)/October 2016 CPI-U (241.729) = 1.02041. OMB Memorandum M-18- 03 confirms that this is the proper multiplier. (See OMB Memorandum M- 18-03 at 1 and n.4). For 2018, OCSLA and the FCPIA of 2015 require that BOEM adjust the OCSLA maximum civil penalty amount. To accomplish this, BOEM multiplied the existing OCSLA maximum civil penalty amount ($42,704) by the multiplying factor ($42,704 x 1.02041 = $43,575.59). The FCPIA of 2015 requires that the resulting amount be rounded to the nearest $1.00 at the end of the calculation process. Accordingly, the adjusted OCSLA maximum civil penalty is $43,576. For 2018, the FCPIA of 2015 requires that BOEM adjust the OPA maximum civil penalty amount. To accomplish this, BOEM multiplied the current OPA maximum civil penalty amount ($45,268) by the multiplying factor (45,268 x 1.02041 = $46,191.92). The FCPIA of 2015 requires that the resulting amount be rounded to the nearest $1.00 at the end of the calculation process. Accordingly, the adjusted OPA maximum civil penalty is $46,192. The adjusted penalty levels will take effect immediately upon publication of this rule. Pursuant to the FCPIA of 2015, the increases in the OCSLA and OPA maximum civil penalty amounts apply to civil penalties assessed after the date the increase takes effect, even if the associated violation(s) predates such increase. Consistent with the provisions of OCSLA, OPA, and the FCPIA of 2015, this rule adjusts the following maximum civil monetary penalties per day per violation: [[Page 8932]] ---------------------------------------------------------------------------------------------------------------- Current Adjusted CFR Citation Description of the maximum Multiplier maximum penalty penalty penalty ---------------------------------------------------------------------------------------------------------------- 30 CFR 550.1403........................ Failure to comply per $42,704 1.02041 $43,576 day per violation. 30 CFR 553.51(a)....................... Failure to comply per 45,268 1.02041 46,192 day per violation. ---------------------------------------------------------------------------------------------------------------- III. Procedural Requirements A. Regulatory Planning and Review (E.O. 12866, 13563, and 13771) Executive Order (E.O.) 12866 provides that the Office of Information and Regulatory Affairs (OIRA) in the OMB will review all significant rules. OIRA has determined that this rule is not significant. (See OMB Memorandum M-18-03 at 3). 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. We have developed this rule in a manner consistent with these requirements, to the extent relevant and feasible given the limited discretion provided agencies in FCPIA. E.O. 13771 of January 30, 2017 directs Federal agencies to reduce the regulatory burden on regulated entities and control regulatory costs. E.O. 13771, however, applies only to significant regulatory actions, as defined in Section 3(f) of E.O. 12866. OIRA has determined that agency regulations exclusively implementing the annual adjustment are not significant regulatory actions under E.O. 12866, provided they are consistent with OMB Memorandum M-18-03 (See OMB Memorandum M-18-03 at 3); 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)). The FCPIA of 2015 expressly exempts these annual inflation adjustments from the requirement to publish a proposed rule for notice and comment. (See FCPIA of 2015 at section 4(b)(2); OMB Memorandum M-18-03 at 4). 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. This rule: (a) Will 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; and (c) Will not have significant adverse effects on competition, employment, investment, productivity, innovation, or the ability of U.S.-based enterprises to compete with foreign-based enterprises. D. Unfunded Mandates Reform Act This rule does not impose an unfunded mandate on state, local, or tribal governments, or the private sector, of more than $100 million per year. The rule does not have a significant or unique effect on state, local, or tribal governments or the private sector. Therefore, 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) 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 of the Interior's consultation policy, under Departmental Manual Part 512, Chapters 4 and 5, and under the criteria in E.O. 13175. We have determined that it has no substantial direct effects on Federally-recognized Indian tribes or Alaska Native Claims Settlement Act (ANCSA) Corporations, and that consultation under the Department of the Interior's tribal and ANCSA consultation policies is not required. 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 This rule does not constitute a major Federal action significantly affecting the quality of the human environment. A detailed statement under the National Environmental Policy Act of 1969 (NEPA) is not required because, as a regulation of an administrative nature, this rule is covered by a categorical exclusion (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. Therefore, a detailed statement under NEPA is not required. K. Effects on the Energy Supply (E.O. 13211) This rule is not a significant energy action under the definition in E.O. [[Page 8933]] 13211. Therefore, a Statement of Energy Effects is not required. List of Subjects 30 CFR Part 550 Administrative practice and procedure, Continental shelf, Environmental impact statements, Environmental protection, Federal lands, Government contracts, Investigations, Mineral resources, Oil and gas exploration, Outer continental shelf, Penalties, Pipelines, Reporting and recordkeeping requirements, Rights-of-way, Sulfur. 30 CFR Part 553 Administrative practice and procedure, Continental shelf, Financial responsibility, Liability, Limit of liability, Oil and gas exploration, Oil pollution, Outer continental shelf, Penalties, Pipelines, Reporting and recordkeeping requirements, Rights-of-way, Surety bonds, Treasury securities. Dated: February 12, 2018. Joseph R. Balash, Assistant Secretary--Land and Minerals Management. For the reasons stated in the preamble, the BOEM amends 30 CFR parts 550 and 553 as follows: PART 550--OIL AND GAS AND SULFUR OPERATIONS IN THE OUTER CONTINENTAL SHELF 0 1. The authority citation for part 550 continues to read as follows: Authority: 30 U.S.C. 1751; 31 U.S.C. 9701; 43 U.S.C. 1334. 0 2. Revise Sec. 550.1403 to read as follows: Sec. 550.1403 What is the maximum civil penalty? The maximum civil penalty is $43,576 per day per violation. PART 553--OIL SPILL FINANCIAL RESPONSIBILITY FOR OFFSHORE FACILITIES 0 3. The authority citation for part 553 continues to read as follows: Authority: 33 U.S.C. 2704, 2716; E.O. 12777, as amended. 0 4. In Sec. 553.51, revise paragraph (a) to read as follows: Sec. 553.51 What are the penalties for not complying with this part? (a) If you fail to comply with the financial responsibility requirements of OPA at 33 U.S.C. 2716 or with the requirements of this part, then you may be liable for a civil penalty of up to $46,192 per COF per day of violation (that is, each day a COF is operated without acceptable evidence of OSFR). * * * * * [FR Doc. 2018-04248 Filed 3-1-18; 8:45 am] BILLING CODE 4310-MR-P
![8930 Federal Register / Vol. 83, No. 42 / Friday, March 2, 2018 / Rules and Regulations
copies total. One copy will include the as a carrier for flavors for use in animal List of Subjects in 21 CFR Part 573
information you claim to be confidential feed and that the food additive Animal feeds, Food additives.
with a heading or cover note that states regulations should be amended as set
‘‘THIS DOCUMENT CONTAINS forth in this document. This is not a Therefore, under the Federal Food,
CONFIDENTIAL INFORMATION.’’ The significant regulatory action subject to Drug, and Cosmetic Act and under
Agency will review this copy, including Executive Order 12866. authority delegated to the Commissioner
the claimed confidential information, in of Food and Drugs, 21 CFR part 573 is
its consideration of objections. The III. Public Disclosure amended as follows:
second copy, which will have the In accordance with § 571.1(h) (21 CFR PART 573—FOOD ADDITIVES
claimed confidential information 571.1(h)), the petition and documents PERMITTED IN FEED AND DRINKING
redacted/blacked out, will be available we considered and relied upon in WATER OF ANIMALS
for public viewing and posted on reaching our decision to approve the
https://www.regulations.gov. Submit petition will be made available for ■ 1. The authority citation for part 573
both copies to the Dockets Management inspection at the Center for Veterinary continues to read as follows:
Staff. If you do not wish your name and Medicine by appointment with the
contact information to be made publicly Authority: 21 U.S.C. 321, 342, 348.
information contact person (see FOR
available, you can provide this FURTHER INFORMATION CONTACT). As
■ 2. In § 573.940, add paragraphs (d)
information on the cover sheet and not provided in § 571.1(h), we will delete and (e) to read as follows:
in the body of your objections and you from the documents any materials that § 573.940 Silicon dioxide.
must identify this information as are not available for public disclosure
‘‘confidential.’’ Any information marked * * * * *
before making the documents available (d) It is used or intended for use in
as ‘‘confidential’’ will not be disclosed for inspection.
except in accordance with 21 CFR 10.20 feed components, as a carrier as follows:
and other applicable disclosure law. For IV. Analysis of Environmental Impact
Limitations
more information about FDA’s posting Feed component (percent)
of comments to public dockets, see 80 The Agency has determined under 21
FR 56469, September 18, 2015, or access CFR 25.32(r) that this action is of a type
Flavors .................................. 50
the information at: https://www.gpo.gov/ that does not individually or
fdsys/pkg/FR-2015-09-18/pdf/2015- cumulatively have a significant effect on
(e) To ensure safe use of the additive,
23389.pdf. the human environment. Therefore,
silicon dioxide is to be used in an
Docket: For access to the docket to neither an environmental assessment,
amount not to exceed that reasonably
read background documents or the nor an environmental impact statement
required to accomplish its intended
electronic and written/paper objections is required.
effect, and silicon dioxide from all
received, go to https:// V. Objections and Hearing Requests sources cannot exceed 2 percent by
www.regulations.gov and insert the weight of the complete feed.
docket number, found in brackets in the If you will be adversely affected by
Dated: February 26, 2018.
heading of this document, into the one or more provisions of this
regulation, you may file with the Leslie Kux,
‘‘Search’’ box and follow the prompts
Dockets Management Staff (see Associate Commissioner for Policy.
and/or go to the Dockets Management
Staff, 5630 Fishers Lane, Rm. 1061, ADDRESSES) either electronic or written [FR Doc. 2018–04275 Filed 3–1–18; 8:45 am]
Rockville, MD 20852. objections. You must separately number BILLING CODE 4164–01–P
FOR FURTHER INFORMATION CONTACT: each objection, and within each
Chelsea Trull, Center for Veterinary numbered objection you must specify
Medicine, Food and Drug with particularity the provision(s) to DEPARTMENT OF THE INTERIOR
Administration, 7519 Standish Pl. which you object, and the grounds for
(HFV–224), Rockville, MD 20855, 240– your objection. Within each numbered Bureau of Ocean Energy Management
402–6729, chelsea.trull@fda.hhs.gov. objection, you must specifically state
whether you are requesting a hearing on 30 CFR Parts 550 and 553
SUPPLEMENTARY INFORMATION:
the particular provision that you specify
[Docket ID: BOEM–2017–0079;
I. Background in that numbered objection. If you do MMAA104000]
In a notice published in the Federal not request a hearing for any particular
Register of September 25, 2017 (82 FR objection, you waive the right to a RIN 1010–AD99
44542), FDA announced that we had hearing on that objection. If you request
a hearing, your objection must include Oil and Gas and Sulfur Operations in
filed a food additive petition (animal the Outer Continental Shelf—Civil
use) (FAP 2304) submitted by Idemitsu a detailed description and analysis of
the specific factual information you Penalties Inflation Adjustments
Kosan, Cp. Ltd., Agri-Bio Business
Dept., 1—1 Marunouchi 3-Chome, intend to present in support of the AGENCY: Bureau of Ocean Energy
Chiyoda-Ku, Tokyo 1000–8321, Japan. objection in the event that a hearing is Management, Interior.
The petition proposed that the held. If you do not include such a
ACTION: Final rule.
regulations for food additives permitted description and analysis for any
in feed and drinking water of animals be particular objection, you waive the right SUMMARY: This final rule implements
to a hearing on the objection. the 2018 adjustment of the level of the
daltland on DSKBBV9HB2PROD with RULES
amended to provide for the safe use of
silicon dioxide as a carrier for flavors for Any objections received in response maximum civil monetary penalties
use in animal feed. to the regulation may be seen in the contained in the Bureau of Ocean
Dockets Management Staff between 9 Energy Management (BOEM) regulations
II. Conclusion a.m. and 4 p.m., Monday through pursuant to the Outer Continental Shelf
FDA concludes that the data establish Friday, and will be posted to the docket Lands Act (OCSLA), the Oil Pollution
the safety and utility of silicon dioxide at https://www.regulations.gov. Act of 1990 (OPA), the Federal Civil
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Penalties Inflation Adjustment Act and must make subsequent annual Memorandum M–18–03, BOEM has
Improvements Act of 2015 (FCPIA of adjustments for inflation, beginning in identified applicable civil monetary
2015), and the Office of Management 2017. Agencies were required to publish penalties and calculated the necessary
and Budget (OMB) guidance. The 2018 the first annual inflation adjustments in inflation adjustments. The previous
adjustment multiplier of 1.02041 the Federal Register by no later than civil penalty inflation adjustments
accounts for one year of inflation January 15, 2017, and must publish accounted for inflation through October
spanning the period from October 2016 recurring annual inflation adjustments 2016. The required annual civil penalty
through October 2017. by no later than January 15 each inflation adjustment promulgated
DATES: This rule is effective on March 2, subsequent year. The purpose of these through this rule accounts for inflation
2018. adjustments is to maintain the deterrent through October 2017.
FOR FURTHER INFORMATION CONTACT: effect of civil penalties and to further Annual inflation adjustments are
Deanna Meyer-Pietruszka, Chief, Office the policy goals of the underlying based on the percent change between
of Policy, Regulation and Analysis, statutes. the Consumer Price Index for all Urban
Bureau of Ocean Energy Management, at BOEM last adjusted the levels of civil
Consumers (CPI–U) for the October
(202) 208–6352 or by email at monetary penalties in BOEM regulations
preceding the date of the adjustment,
deanna.meyer-pietruszka@boem.gov. through a final rule, RIN 1010–AD95 [82
and the prior year’s October CPI–U.
SUPPLEMENTARY INFORMATION: FR 10709], which was published on
Consistent with the guidance in OMB
I. Background and Legal Authority February 15, 2017.
The OMB Memorandum M–18–03, Memorandum M–18–03, BOEM divided
II. Calculation of 2018 Adjustments
III. Procedural Requirements issued December 15, 2017, the October 2017 CPI–U by the October
A. Regulatory Planning and Review (E.O. (Implementation of Penalty Inflation 2016 CPI–U to calculate the multiplying
12866, 13563, and 13771) Adjustments for 2018, Pursuant to the factor. In this case, October 2017 CPI–
B. Regulatory Flexibility Act Federal Civil Penalties Inflation U (246.663)/October 2016 CPI–U
C. Small Business Regulatory Enforcement (241.729) = 1.02041. OMB
Fairness Act Adjustment Act Improvements Act of
2015; https://www.whitehouse.gov/wp- Memorandum M–18–03 confirms that
D. Unfunded Mandates Reform Act this is the proper multiplier. (See OMB
E. Takings (E.O. 12630) content/uploads/2017/11/M-18-03.pdf)
F. Federalism (E.O. 13132) explains agency statutory Memorandum M–18–03 at 1 and n.4).
G. Civil Justice Reform (E.O. 12988) responsibilities for: Identifying For 2018, OCSLA and the FCPIA of
H. Consultation With Indian Tribes (E.O. applicable penalties and performing the 2015 require that BOEM adjust the
13175 and Departmental Policy) annual adjustment; publishing revisions OCSLA maximum civil penalty amount.
I. Paperwork Reduction Act
J. National Environmental Policy Act
to regulations to implement the To accomplish this, BOEM multiplied
K. Effects on the Energy Supply (E.O. adjustment in the Federal Register; the existing OCSLA maximum civil
13211) applying adjusted penalty levels; and penalty amount ($42,704) by the
performing agency oversight of inflation multiplying factor ($42,704 × 1.02041 =
I. Background and Legal Authority adjustments. $43,575.59). The FCPIA of 2015 requires
The Outer Continental Shelf Lands BOEM is promulgating this 2018 that the resulting amount be rounded to
Act (OCSLA) directs the Secretary of the inflation adjustment for civil penalties the nearest $1.00 at the end of the
Interior to adjust the OCSLA maximum as a final rule pursuant to the provisions calculation process. Accordingly, the
civil penalty amount at least once every of the FCPIA of 2015 and OMB adjusted OCSLA maximum civil penalty
three years to reflect any increase in the guidance. A proposed rule is not is $43,576.
Consumer Price Index to account for required because the FCPIA of 2015 For 2018, the FCPIA of 2015 requires
inflation (43 U.S.C. 1350(b)(1)). The states that agencies shall adjust civil
that BOEM adjust the OPA maximum
Federal Civil Penalties Inflation monetary penalties ‘‘notwithstanding
civil penalty amount. To accomplish
Adjustment Act of 1990 (Pub. L. 104– Section 553 of the Administrative
this, BOEM multiplied the current OPA
410) (FCPIA of 1990) requires that all Procedure Act.’’ (FCPIA of 2015 at sec.
maximum civil penalty amount
civil monetary penalties, including the 4(b)(2)). Accordingly, Congress
($45,268) by the multiplying factor
OCSLA maximum civil penalty amount, expressly exempted the annual inflation
(45,268 × 1.02041 = $46,191.92). The
be adjusted at least once every four adjustments implemented pursuant to
FCPIA of 2015 requires that the
years. the FCPIA of 2015 from the pre-
Similarly, the Oil Pollution Act of resulting amount be rounded to the
promulgation notice and comment
1990 (OPA) authorizes the Secretary of nearest $1.00 at the end of the
requirements of the Administrative
the Interior to impose civil penalties for calculation process. Accordingly, the
Procedure Act (APA), allowing them to
failure to comply with financial adjusted OPA maximum civil penalty is
be published as a final rule. This
responsibility regulations that $46,192.
interpretation of the statute is confirmed
implement OPA. The FCPIA of 1990 by OMB Memorandum M–18–03. (OMB The adjusted penalty levels will take
requires that all civil monetary Memorandum M–18–03 at 4 (‘‘This effect immediately upon publication of
penalties, including the OPA maximum means that the public procedure the this rule. Pursuant to the FCPIA of 2015,
civil penalty amount, be adjusted for APA generally requires—notice, an the increases in the OCSLA and OPA
inflation at least once every four years. opportunity for comment, and a delay in maximum civil penalty amounts apply
The FCPIA of 2015 requires Federal effective date—is not required for to civil penalties assessed after the date
agencies to promulgate annual inflation agencies to issue regulations the increase takes effect, even if the
adjustments for civil monetary implementing the annual associated violation(s) predates such
daltland on DSKBBV9HB2PROD with RULES
penalties. Specifically, agencies are adjustment.’’)). increase. Consistent with the provisions
required to adjust the level of civil of OCSLA, OPA, and the FCPIA of 2015,
monetary penalties with an initial II. Calculation of 2018 Adjustments this rule adjusts the following maximum
‘‘catch-up’’ adjustment through an Under the FCPIA of 2015 and the civil monetary penalties per day per
interim final rulemaking (IFR) in 2016, guidance provided in OMB violation:
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13211. Therefore, a Statement of Energy (that is, each day a COF is operated March 5–7, 2018; and March 12–14,
Effects is not required. without acceptable evidence of OSFR). 2018. Additionally, the Meadowbrook
* * * * * State Parkway Bridge shall remain in
List of Subjects
[FR Doc. 2018–04248 Filed 3–1–18; 8:45 am] the closed position between 7 a.m.
30 CFR Part 550 BILLING CODE 4310–MR–P Monday and 7 a.m. Wednesday as
Administrative practice and follows: April 30–May 2, 2018; and May
procedure, Continental shelf, 7–9, 2018. The majority of
Environmental impact statements, DEPARTMENT OF HOMELAND Meadowbrook State Parkway Bridge
Environmental protection, Federal SECURITY openings for the past three years
lands, Government contracts, between March and April occurred on
Investigations, Mineral resources, Oil Coast Guard Fridays, Saturdays and Sundays.
and gas exploration, Outer continental The waterway is transited by
shelf, Penalties, Pipelines, Reporting 33 CFR Part 117 commercial and recreational traffic. The
and recordkeeping requirements, Rights- Coast Guard notified known waterway
[Docket No. USCG–2018–0120]
of-way, Sulfur. users and there were no objections to
Drawbridge Operation Regulation; this temporary deviation. Vessels able to
30 CFR Part 553 pass under the bridge in the closed
Sloop Channel, Hempstead, New York
Administrative practice and position may do so at any time. The
procedure, Continental shelf, Financial AGENCY: Coast Guard, DHS. bridge will not be able to open for
responsibility, Liability, Limit of ACTION:Notice of deviation from emergencies and there is no immediate
liability, Oil and gas exploration, Oil drawbridge regulation. alternate route for vessels to pass.
pollution, Outer continental shelf, The Coast Guard will also inform
SUMMARY: The Coast Guard has issued a waterway users of the closure through
Penalties, Pipelines, Reporting and
temporary deviation from the operating our Local and Broadcast Notices to
recordkeeping requirements, Rights-of-
schedule that governs the Meadowbrook Mariners of the change in operating
way, Surety bonds, Treasury securities.
State Parkway Bridge across the Sloop schedule for the bridge so that vessel
Dated: February 12, 2018. Channel, mile 12.8, at Hempstead, New operators can arrange their transits to
Joseph R. Balash, York. This temporary deviation is minimize any impact caused by the
Assistant Secretary—Land and Minerals necessary to allow the bridge to remain temporary deviation.
Management. in the closed-to-navigation position to In accordance with 33 CFR 117.35(e),
For the reasons stated in the facilitate the machinery rehabilitation the drawbridge must return to its regular
preamble, the BOEM amends 30 CFR and spanlock replacement of the bridge. operating schedule immediately at the
parts 550 and 553 as follows: This deviation allows the bridge to end of the effective period of this
remain in the closed position. temporary deviation. This deviation
PART 550—OIL AND GAS AND DATES: This deviation is effective from from the operating regulations is
SULFUR OPERATIONS IN THE OUTER 7 a.m. on March 5, 2018 to 7 a.m. on authorized under 33 CFR 117.35.
CONTINENTAL SHELF May 9, 2018. Dated: February 26, 2018.
ADDRESSES: The docket for this Christopher J. Bisignano,
■ 1. The authority citation for part 550
continues to read as follows: deviation, USCG–2018–0120 is available Supervisory Bridge Management Specialist,
at http://www.regulations.gov. Type the First Coast Guard District.
Authority: 30 U.S.C. 1751; 31 U.S.C. 9701; docket number in the ‘‘SEARCH’’ box
43 U.S.C. 1334. [FR Doc. 2018–04243 Filed 3–1–18; 8:45 am]
and click ‘‘SEARCH’’. Click on Open
BILLING CODE 9110–04–P
■ 2. Revise § 550.1403 to read as Docket Folder on the line associated
follows: with this deviation.
FOR FURTHER INFORMATION CONTACT: If DEPARTMENT OF HOMELAND
§ 550.1403 What is the maximum civil
penalty? you have questions on this temporary SECURITY
The maximum civil penalty is deviation, call or email Judy Leung-Yee,
$43,576 per day per violation. Project Officer, First Coast Guard Coast Guard
District, telephone (212) 514–4330,
PART 553—OIL SPILL FINANCIAL email judy.k.leung-yee@uscg.mil. 33 CFR Part 117
RESPONSIBILITY FOR OFFSHORE SUPPLEMENTARY INFORMATION: The owner [Docket No. USCG–2017–0050]
FACILITIES of the bridge, the New York State
Department of Transportation, requested RIN 1625–AA09
■ 3. The authority citation for part 553 a temporary deviation to facilitate the
continues to read as follows: Drawbridge Operation Regulation;
machinery rehabilitation and spanlock
Sturgeon Bay, Sturgeon Bay, WI
Authority: 33 U.S.C. 2704, 2716; E.O. replacement of the bridge. The
12777, as amended. Meadowbrook State Parkway Bridge AGENCY: Coast Guard, DHS.
■ 4. In § 553.51, revise paragraph (a) to across the Sloop Channel, mile 12.8, has ACTION: Final rule.
read as follows: a vertical clearance in the closed
position of 22 feet at mean high water SUMMARY: The Coast Guard is modifying
§ 553.51 What are the penalties for not and 25 feet at mean low water. The the operating regulation that governs the
complying with this part? Bayview (State Route 42/57) Bridge,
daltland on DSKBBV9HB2PROD with RULES
existing bridge operating regulations are
(a) If you fail to comply with the found at 33 CFR 117.799(h). Mile 3.0, Maple-Oregon Bridge, Mile
financial responsibility requirements of This temporary deviation allows the 4.17, and Michigan Street Bridge, Mile
OPA at 33 U.S.C. 2716 or with the Meadowbrook State Parkway Bridge to 4.3, all over the Sturgeon Bay Ship
requirements of this part, then you may remain in the closed position daily on Canal in Sturgeon Bay, WI, by
be liable for a civil penalty of up to Monday, Tuesday, and Wednesday authorizing remote operation for all
$46,192 per COF per day of violation between 7 a.m. and 7 p.m. as follows: three drawbridges. The operating
VerDate Sep<11>2014 16:25 Mar 01, 2018 Jkt 244001 PO 00000 Frm 00007 Fmt 4700 Sfmt 4700 E:\FR\FM\02MRR1.SGM 02MRR1](https://thefederalregister.org/doc/83_FR_8972/page/4.svg)
Document Created: 2018-03-01 23:56:19
Document Modified: 2018-03-01 23:56:19
| 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 March 2, 2018. | |
| Contact | Deanna Meyer-Pietruszka, Chief, Office of Policy, Regulation and Analysis, Bureau of Ocean Energy Management, at (202) 208-6352 or by email at [email protected] | |
| FR Citation | 83 FR 8930 | |
| RIN Number | 1010-AD99 | |
| CFR Citation | 30
CFR
550 30 CFR 553 | |
| CFR Associated | Administrative Practice and Procedure; Continental Shelf; Environmental Impact Statements; Environmental Protection; Federal Lands; Government Contracts; Investigations; Mineral Resources; Oil and Gas Exploration; Outer Continental Shelf; Penalties; Pipelines; Reporting and Recordkeeping Requirements; Rights-Of-Way; Sulfur; Financial Responsibility; Liability; Limit of Liability; Oil Pollution; Surety Bonds and Treasury Securities |
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