RIN 1024-AE37, 10864-10866 [2017-03138]
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Federal Register / Vol. 82, No. 31 / Thursday, February 16, 2017 / Rules and Regulations
comment on this delay would have been
impractical, as well as contrary to the
public interest in the orderly
promulgation and implementation of
regulations.
This notice does not impact the
Supplemental Notice of Proposed
Rulemaking (SNPRM) also entitled
Confidentiality of Substance Use
Disorder Patient Records and issued on
January 18, 2017 (82 FR 5485). The
SNPRM proposes for public comment
additional provisions beyond those in
the final rule to clarify the scope of
permissible disclosures to contractors,
subcontractors, and legal
representatives. The SNPRM comment
period will remain unchanged and will
close on February 17, 2017.
Dated: February 10, 2017.
Kana Enomoto,
Acting Deputy Assistant Secretary for Mental
Health and Substance Use.
Approved:
Thomas E. Price, M.D.,
Secretary, Department of Health and Human
Services.
[FR Doc. 2017–03185 Filed 2–15–17; 8:45 am]
BILLING CODE P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
[Docket No. CDC–2015–0045]
42 CFR Part 73
RIN 0920–AA59
The effective date for the final
rule published January 19, 2017, at 82
FR 6278, is delayed until March 21,
2017.
DATES:
Dr.
Samuel S. Edwin, Director, Division of
Select Agents and Toxins, Centers for
Disease Control and Prevention, 1600
Clifton Road NE., MS A–46, Atlanta,
Georgia, 30329. Telephone: 404–718–
2000.
FOR FURTHER INFORMATION CONTACT:
On
January 19, 2017, HHS/CDC published a
final rule titled ‘‘Possession, Use, and
Transfer of Select Agents and Toxins;
Biennial Review and Enhanced
Biosafety Requirements’’ (82 FR 6278)
with an effective date of February 21,
2017. With this document, HHS/CDC
announces a new effective date of
March 21, 2017 for this final rule. In a
companion document published in this
issue of the Federal Register, the U.S.
Department of Agriculture (USDA) is
making a parallel change in the effective
date of their final rule.
HHS/CDC bases this action on the
memorandum of January 20, 2017 from
the Assistant to the President and Chief
of Staff entitled ‘‘Regulatory Freeze
Pending Review.’’ This memorandum
directed the heads of Executive
Departments and Agencies to
temporarily postpone for sixty days
from the date of the memorandum the
effective dates of all regulations that had
been published in the Federal Register
but had not yet taken effect.
SUPPLEMENTARY INFORMATION:
Possession, Use, and Transfer of
Select Agents and Toxins; Biennial
Review and Enhanced Biosafety
Requirements; Delay of Effective Date
Dated: February 9, 2017.
Norris Cochran,
Acting Secretary, Department of Health and
Human Services.
Centers for Disease Control and
Prevention (CDC), Department of Health
and Human Services (HHS)
ACTION: Final rule; delay of effective
date.
[FR Doc. 2017–03044 Filed 2–15–17; 8:45 am]
The Centers for Disease
Control and Prevention (CDC) in the
Department of Health and Human
Services (HHS) announces a delay in the
effective date of the final rule titled
‘‘Possession, Use, and Transfer of Select
Agents and Toxins, Biennial Review
and Enhanced Biosafety Requirements’’
that published on January 19, 2017. In
a companion document published in
this issue of the Federal Register, the
U.S. Department of Agriculture (USDA)
is making a parallel change in the
effective date of their final rule. This
action is undertaken in accordance with
the memorandum of January 20, 2017
from the Assistant to the President and
Chief of Staff entitled ‘‘Regulatory
Freeze Pending Review.’’
Office of the Secretary of the Interior
AGENCY:
jstallworth on DSK7TPTVN1PROD with RULES
SUMMARY:
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BILLING CODE 4163–18–P
DEPARTMENT OF THE INTERIOR
43 CFR Part 10
[NPS–WASO–NAGPRA–22726; GPO
Deposit Acct. 4311H2]
RIN 1024–AE37
Civil Penalties Inflation Adjustments
Office of the Secretary, Interior.
Final rule.
AGENCY:
ACTION:
This rule revises U.S.
Department of the Interior regulations
implementing the Native American
Graves Protection and Repatriation Act
to provide for annual adjustments of
civil penalties to account for inflation
SUMMARY:
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under the Federal Civil Penalties
Inflation Adjustment Act Improvements
Act of 2015 and Office of Management
and Budget guidance. The purpose of
these adjustments is to maintain the
deterrent effect of civil penalties and to
further the policy goals of the
underlying statutes.
DATES: This rule is effective on February
16, 2017.
FOR FURTHER INFORMATION CONTACT:
Melanie O’Brien, Manager, National
NAGPRA Program, National Park
Service, 1849 C Street NW.,
Washington, DC 20240.
SUPPLEMENTARY INFORMATION:
I. Background
On November 2, 2015, the President
signed into law the Federal Civil
Penalties Inflation Adjustment Act
Improvements Act of 2015 (Sec. 701 of
Pub. L. 114–74) (‘‘the Act’’). The Act
requires Federal agencies to adjust the
level of civil monetary penalties with an
initial ‘‘catch-up’’ adjustment through
rulemaking and then make subsequent
annual adjustments for inflation no later
than January 15 of each year.
The Office of Management and Budget
(OMB) issued guidance for Federal
agencies on calculating the catch-up
adjustment. See February 24, 2016,
Memorandum for the Heads of
Executive Departments and Agencies,
from Shaun Donovan, Director, Office of
Management and Budget, re:
Implementation of the Federal Civil
Penalties Inflation Adjustment Act
Improvements Act of 2015 (M–16–06).
Under the guidance, the U.S.
Department of the Interior (Department)
identified applicable civil monetary
penalties and calculated the catch-up
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 catch-up adjustment was
based on the percent change between
the Consumer Price Index for all Urban
Consumers (CPI0–U) for the month of
October in the year of the previous
adjustment (or in the year of
establishment, if no adjustment has
been made) and the October 2015 CPI–
U.
The Department issued an interim
final rule providing for calculated catchup adjustments to civil monetary
penalties contained in regulations
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Federal Register / Vol. 82, No. 31 / Thursday, February 16, 2017 / Rules and Regulations
implementing the Native American
Graves Protection and Repatriation Act
(NAGPRA) on June 28, 2016 (81 FR
41858) and requested comments post-
promulgation. The Department issued a
correcting amendment to the interim
final rule on September 20, 2016 (81 FR
64356) that adjusted the following civil
Current
penalty
CFR citation
Description of the penalty
43 CFR 10.12(g)(2) ................
43 CFR 10.12(g)(3) ................
Failure of Museum to Comply ................................................
Continued Failure to Comply Per Day ....................................
II. Calculation of Annual Adjustments
OMB recently issued guidance to
assist Federal agencies in implementing
the annual adjustments required by the
Act which agencies must complete by
January 15, 2017. 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 (M–17–11).
The guidance states that the cost-of-
living adjustment multiplier for 2017,
based on the Consumer Price Index
(CPI–U) for the month of October 2016,
not seasonally adjusted, is 1.01636. (The
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. For 2017, OMB explains,
October 2016 CPI–U (241.729) / October
2015 CPI–U (237.838) = 1.01636.) The
guidance instructs agencies to complete
the 2017 annual adjustment by
multiplying each applicable penalty by
the multiplier, 1.01636, and rounding to
the nearest dollar. Further, the guidance
Description of the penalty
43 CFR 10.12(g)(2) ................
43 CFR 10.12(g)(3) ................
Failure of Museum to Comply ................................................
Continued Failure to Comply Per Day ....................................
III. Procedural Requirements
jstallworth on DSK7TPTVN1PROD with RULES
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
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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 RFA does not
apply to this final rule because the
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$5,000
1,000
Catchup
adjustment
$1,428
268
Adjusted
penalty
$6,428
1,286
instructs agencies to apply the
multiplier to the most recent penalty
amount that includes the catch-up
adjustment required by the Act.
The annual adjustment applies to all
civil monetary penalties with a dollar
amount that are subject to the Act. This
final rule adjusts the following civil
monetary penalties contained in the
Department regulations implementing
NAGPRA for 2017 by multiplying
1.01636 (i.e., the cost-of-living
adjustment multiplier for 2017) by each
penalty amount as updated by the catchup adjustment made in 2016:
Current
penalty
including
catch-up
adjustment
CFR citation
Consistent with the Act, the adjusted
penalty levels for 2017 will take effect
immediately upon the effective date of
the adjustment. The adjusted penalty
levels for 2017 will apply to penalties
assessed after that date including, if
consistent with agency policy,
assessments associated with violations
that occurred on or after November 2,
2015. The Act does not, however,
change previously assessed penalties
that the Department is collecting or has
collected. Nor does the Act change an
agency’s existing statutory authorities to
adjust penalties.
monetary penalties, effective on
September 20, 2016:
$6,428
1,286
Annual
adjustment
(multiplier)
1.01636
1.01636
Adjusted
penalty
$6,533
1,307
Office of the Secretary is not required to
publish a proposed rule for the reasons
explained below in Section III.L.
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.
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
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Federal Register / Vol. 82, No. 31 / Thursday, February 16, 2017 / Rules and Regulations
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
taking 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 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-togovernment relationship with Indian
tribes through a commitment to
consultation with Indian tribes and
recognition of their right to selfgovernance 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.
jstallworth on DSK7TPTVN1PROD with RULES
I. Paperwork Reduction Act
This rule does not contain
information collection requirements,
and a submission to the Office of
Management and Budget 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.
quality of the human environment. 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. A Statement of Energy
Effects is not required.
L. Administrative Procedure Act
The Act requires agencies to publish
annual inflation adjustments by no later
than January 15, 2017, and by no later
than January 15 each subsequent year,
notwithstanding section 553 of the
Administrative Procedure Act (APA) (5
U.S.C. 553). OMB has interpreted this
direction to mean that the usual APA
public procedure for rulemaking—
which includes public notice of a
proposed rule, an opportunity for public
comment, and a delay in the effective
date of a final rule—is not required
when agencies issue regulations to
implement the annual adjustments to
civil penalties that the Act requires.
Accordingly, we are issuing the 2017
annual adjustments as a final rule
without prior notice or an opportunity
for comment and with an effective date
immediately upon publication in the
Federal Register.
List of Subjects in 43 CFR Part 10
Administrative practice and
procedure, Hawaiian Natives, Historic
preservation, Indians—claims,
Indians—lands, Museums, Penalties,
Public lands, Reporting and
recordkeeping requirements.
For the reasons given in the preamble,
the Office of the Secretary amends 43
CFR part 10 as follows.
PART 10—NATIVE AMERICAN
GRAVES PROTECTION AND
REPATRIATION REGULATIONS
J. National Environmental Policy Act
1. The authority citation for part 10
continues to read as follows:
This rule does not constitute a major
Federal action significantly affecting the
Authority: 16 U.S.C. 470dd; 25 U.S.C. 9,
3001 et seq.
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■
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§ 10.12
[Amended]
2. In § 10.12, in paragraph (g)(2)
introductory text, remove ‘‘$6,428’’ and
add in its place ‘‘$6,533’’ and in
paragraph (g)(3), remove ‘‘$1,286’’ and
add in its place ‘‘$1,307’’.
■
Maureen Foster,
Acting Assistant Secretary for Fish and
Wildlife and Parks.
[FR Doc. 2017–03138 Filed 2–15–17; 8:45 am]
BILLING CODE 4312–52–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 73
[MB Docket No. 05–142; RM–11220; DA 17–
124]
Radio Broadcasting Services; Roma
and San Isidro, Texas
Federal Communications
Commission.
ACTION: Final rule.
AGENCY:
At the request of La Voz
Latina (LVL) and Charles Crawford
(Crawford), respectively, the Audio
Division amends the FM Table of
Allotments, by allotting Channel 278A
at San Isidro, Texas, and deleting
Channel 278A at Roma, Texas. Channel
278A at San Isidro, Texas, will be the
community’s second local service. The
Audio Division, therefore, grants both
LVL’s counterproposal and Crawford’s
‘‘Withdrawal of Expression of Interest.’’
A staff engineering analysis indicates
Channel 278A can be allotted to San
Isidro consistent with the minimum
distance separation requirements of the
Commission’s rules with a site
restriction 6 kilometers west of the
community. The reference coordinates
are 26–42–15 NL and 98–29–48 WL.
DATES: Effective March 20, 2017.
FOR FURTHER INFORMATION CONTACT:
Adrienne Y. Denysyk, Media Bureau,
(202) 418–2700.
SUPPLEMENTARY INFORMATION: This is a
synopsis of the Commission’s
Memorandum Report and Order, MB
Docket No. 05–142, adopted February 2,
2017, and released February 3, 2017.
The full text of this Commission
decision is available for inspection and
copying during normal business hours
in the FCC’s Reference Information
Center at Portals II, CY–A257, 445 12th
Street SW., Washington, DC 20554. The
full text is also available online at
https://apps.fcc.gov/ecfs/. This
document does not contain information
collection requirements subject to the
Paperwork Reduction Act of 1995,
SUMMARY:
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]]>Agencies
[Federal Register Volume 82, Number 31 (Thursday, February 16, 2017)]
[Rules and Regulations]
[Pages 10864-10866]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-03138]
=======================================================================
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DEPARTMENT OF THE INTERIOR
Office of the Secretary of the Interior
43 CFR Part 10
[NPS-WASO-NAGPRA-22726; GPO Deposit Acct. 4311H2]
RIN 1024-AE37
Civil Penalties Inflation Adjustments
AGENCY: Office of the Secretary, Interior.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This rule revises U.S. Department of the Interior regulations
implementing the Native American Graves Protection and Repatriation Act
to provide for annual adjustments of civil penalties to account for
inflation under the Federal Civil Penalties Inflation Adjustment Act
Improvements Act of 2015 and Office of Management and Budget guidance.
The purpose of these adjustments is to maintain the deterrent effect of
civil penalties and to further the policy goals of the underlying
statutes.
DATES: This rule is effective on February 16, 2017.
FOR FURTHER INFORMATION CONTACT: Melanie O'Brien, Manager, National
NAGPRA Program, National Park Service, 1849 C Street NW., Washington,
DC 20240.
SUPPLEMENTARY INFORMATION:
I. Background
On November 2, 2015, the President signed into law the Federal
Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (Sec.
701 of Pub. L. 114-74) (``the Act''). The Act requires Federal agencies
to adjust the level of civil monetary penalties with an initial
``catch-up'' adjustment through rulemaking and then make subsequent
annual adjustments for inflation no later than January 15 of each year.
The Office of Management and Budget (OMB) issued guidance for
Federal agencies on calculating the catch-up adjustment. See February
24, 2016, Memorandum for the Heads of Executive Departments and
Agencies, from Shaun Donovan, Director, Office of Management and
Budget, re: Implementation of the Federal Civil Penalties Inflation
Adjustment Act Improvements Act of 2015 (M-16-06). Under the guidance,
the U.S. Department of the Interior (Department) identified applicable
civil monetary penalties and calculated the catch-up 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
catch-up adjustment was based on the percent change between the
Consumer Price Index for all Urban Consumers (CPI0-U) for the month of
October in the year of the previous adjustment (or in the year of
establishment, if no adjustment has been made) and the October 2015
CPI-U.
The Department issued an interim final rule providing for
calculated catch-up adjustments to civil monetary penalties contained
in regulations
[[Page 10865]]
implementing the Native American Graves Protection and Repatriation Act
(NAGPRA) on June 28, 2016 (81 FR 41858) and requested comments post-
promulgation. The Department issued a correcting amendment to the
interim final rule on September 20, 2016 (81 FR 64356) that adjusted
the following civil monetary penalties, effective on September 20,
2016:
----------------------------------------------------------------------------------------------------------------
Description of the Current Catchup Adjusted
CFR citation penalty penalty adjustment penalty
----------------------------------------------------------------------------------------------------------------
43 CFR 10.12(g)(2).................... Failure of Museum to $5,000 $1,428 $6,428
Comply.
43 CFR 10.12(g)(3).................... Continued Failure to 1,000 268 1,286
Comply Per Day.
----------------------------------------------------------------------------------------------------------------
II. Calculation of Annual Adjustments
OMB recently issued guidance to assist Federal agencies in
implementing the annual adjustments required by the Act which agencies
must complete by January 15, 2017. 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 (M-17-11). The
guidance states that the cost-of-living adjustment multiplier for 2017,
based on the Consumer Price Index (CPI-U) for the month of October
2016, not seasonally adjusted, is 1.01636. (The 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. For 2017, OMB explains, October 2016 CPI-U (241.729) / October 2015
CPI-U (237.838) = 1.01636.) The guidance instructs agencies to complete
the 2017 annual adjustment by multiplying each applicable penalty by
the multiplier, 1.01636, and rounding to the nearest dollar. Further,
the guidance instructs agencies to apply the multiplier to the most
recent penalty amount that includes the catch-up adjustment required by
the Act.
The annual adjustment applies to all civil monetary penalties with
a dollar amount that are subject to the Act. This final rule adjusts
the following civil monetary penalties contained in the Department
regulations implementing NAGPRA for 2017 by multiplying 1.01636 (i.e.,
the cost-of-living adjustment multiplier for 2017) by each penalty
amount as updated by the catch-up adjustment made in 2016:
----------------------------------------------------------------------------------------------------------------
Current
penalty Annual
CFR citation Description of the including adjustment Adjusted
penalty catch-up (multiplier) penalty
adjustment
----------------------------------------------------------------------------------------------------------------
43 CFR 10.12(g)(2).................... Failure of Museum to $6,428 1.01636 $6,533
Comply.
43 CFR 10.12(g)(3).................... Continued Failure to 1,286 1.01636 1,307
Comply Per Day.
----------------------------------------------------------------------------------------------------------------
Consistent with the Act, the adjusted penalty levels for 2017 will
take effect immediately upon the effective date of the adjustment. The
adjusted penalty levels for 2017 will apply to penalties assessed after
that date including, if consistent with agency policy, assessments
associated with violations that occurred on or after November 2, 2015.
The Act does not, however, change previously assessed penalties that
the Department is collecting or has collected. Nor does the Act change
an agency's existing statutory authorities to adjust penalties.
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 RFA does not apply to this final rule
because the Office of the Secretary is not required to publish a
proposed rule for the reasons explained below in Section III.L.
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.
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
[[Page 10866]]
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 taking 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 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'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 the Office of Management and Budget 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 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. A Statement of Energy Effects is not
required.
L. Administrative Procedure Act
The Act requires agencies to publish annual inflation adjustments
by no later than January 15, 2017, and by no later than January 15 each
subsequent year, notwithstanding section 553 of the Administrative
Procedure Act (APA) (5 U.S.C. 553). OMB has interpreted this direction
to mean that the usual APA public procedure for rulemaking--which
includes public notice of a proposed rule, an opportunity for public
comment, and a delay in the effective date of a final rule--is not
required when agencies issue regulations to implement the annual
adjustments to civil penalties that the Act requires. Accordingly, we
are issuing the 2017 annual adjustments as a final rule without prior
notice or an opportunity for comment and with an effective date
immediately upon publication in the Federal Register.
List of Subjects in 43 CFR Part 10
Administrative practice and procedure, Hawaiian Natives, Historic
preservation, Indians--claims, Indians--lands, Museums, Penalties,
Public lands, Reporting and recordkeeping requirements.
For the reasons given in the preamble, the Office of the Secretary
amends 43 CFR part 10 as follows.
PART 10--NATIVE AMERICAN GRAVES PROTECTION AND REPATRIATION
REGULATIONS
0
1. The authority citation for part 10 continues to read as follows:
Authority: 16 U.S.C. 470dd; 25 U.S.C. 9, 3001 et seq.
Sec. 10.12 [Amended]
0
2. In Sec. 10.12, in paragraph (g)(2) introductory text, remove
``$6,428'' and add in its place ``$6,533'' and in paragraph (g)(3),
remove ``$1,286'' and add in its place ``$1,307''.
Maureen Foster,
Acting Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 2017-03138 Filed 2-15-17; 8:45 am]
BILLING CODE 4312-52-P
