Protection of Archaeological Resources, 31873-31875 [2016-11688]
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Federal Register / Vol. 81, No. 98 / Friday, May 20, 2016 / Proposed Rules
Dodd-Frank Wall Street Reform and
Consumer Protection Act (Dodd-Frank
Act) (Pub. L. 111–203, 124 Stat. 1376
(2010)), 12 U.S.C. 3335, 3338 (a)(4)(B)).
(b) Purpose. The purpose of this
subpart is to implement section 1109
(a)(4)(B) of Title XI, 12 U.S.C. 3338.
(c) Scope. This subpart applies to
States that elect to register and
supervise appraisal management
companies pursuant to 12 U.S.C. 3353
and the regulations promulgated
thereunder.
§ 1102.401
Definitions.
For purposes of this subpart:
(a) AMC Registry means the national
registry maintained by the ASC of those
AMCs that meet the Federal definition
of AMC, as defined in 12 U.S.C.
3350(11), are registered by a State or are
Federally regulated, and have paid the
annual AMC registry fee.
(b) AMC Rule means the interagency
final rule on minimum requirements for
AMCs, 12 CFR 34.210–34.216; 12 CFR
225.190–225.196; 12 CFR 323.8 –323.14;
12 CFR 1222.20–1222.26 (2015).
(c) ASC means the Appraisal
Subcommittee of the Federal Financial
Institutions Examination Council
established under section 1102 (12
U.S.C. 3310) as it amended the Federal
Financial Institutions Examination
Council Act of 1978 (12 U.S.C. 3301 et
seq.) by adding section 1011.
(d) Performance of an appraisal
means the appraisal service requested of
an appraiser by the AMC was provided
to the AMC.
(e) State means any State, the District
of Columbia, the Commonwealth of
Puerto Rico, the Commonwealth of the
Northern Mariana Islands, Guam, the
United States Virgin Islands, and
American Samoa.
(f) Terms incorporated by reference.
Definitions of: Appraisal management
company (AMC); appraisal management
services; appraisal panel; consumer
credit; covered transaction; dwelling;
Federally regulated AMC are
incorporated from the AMC Rule by
reference.
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§ 1102.402
Annual AMC registry fee.
The annual AMC registry fee to be
applied by States that elect to register
and supervise AMCs is established as
follows:
(a) In the case of an AMC that has
been in existence for more than a year,
$25 multiplied by the number of
appraisers who have performed an
appraisal for the AMC in connection
with a covered transaction in such State
during the previous year; and
(b) In the case of an AMC that has not
been in existence for more than a year,
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$25 multiplied by the number of
appraisers who have performed an
appraisal for the AMC in connection
with a covered transaction in such State
since the AMC commenced doing
business.
§ 1102.403 Collection and transmission of
annual AMC registry fees.
(a) Collection of annual AMC registry
fees. States that elect to register and
supervise AMCs pursuant to the AMC
Rule shall collect an annual registry fee
as established in § 1102.402 (a) from
AMCs eligible to be on the AMC
Registry.
(b) Transmission of annual AMC
registry fee. States that elect to register
and supervise AMCs pursuant to the
AMC Rule shall transmit AMC registry
fees as established in § 1102.402 (a) to
the ASC on an annual basis. Only those
AMCs whose registry fees have been
transmitted to the ASC will be eligible
to be on the AMC Registry for the 12month period subsequent to payment of
the fee.
By the Appraisal Subcommittee.
Dated: May 16, 2016.
James R. Park,
Executive Director.
[FR Doc. 2016–11914 Filed 5–19–16; 8:45 am]
BILLING CODE P
TENNESSEE VALLEY AUTHORITY
18 CFR Part 1312
Protection of Archaeological
Resources
Tennessee Valley Authority.
Proposed rule.
AGENCY:
ACTION:
The Tennessee Valley
Authority (TVA) proposes to amend its
regulations for the protection of
archaeological resources by providing
for the issuance of petty offense
citations for violations of the
Archaeological Resources Protection Act
(ARPA) and the Antiquities Act of 1906
(AA). Amending the regulations such
that TVA law enforcement agents are
authorized to issue citations will help
prevent loss and destruction of these
resources resulting from unlawful
excavations and pillage.
DATES: Written comments must be
received on or before June 20, 2016.
ADDRESSES: You may submit comments
by any of the following methods:
• Mail/Hand Delivery: Ralph E.
Majors, Supervisor, Investigation Unit,
TVA Police & Emergency Management,
Tennessee Valley Authority, 400 West
Summit Hill Drive, WT 2D–K,
Knoxville, Tennessee 37902–1401.
SUMMARY:
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• Email: remajors@tva.gov.
FOR FURTHER INFORMATION CONTACT:
Ralph E. Majors, 865–632–4176.
SUPPLEMENTARY INFORMATION:
I. Legal Authority
These proposed amendments are
promulgated under the authority of the
TVA Act, as amended, 16 U.S.C. 831–
831ee, the Archaeological Resources
Protection Act, 16 U.S.C. 470aa–470mm,
and the Antiquities Act of 1906, 16
U.S.C.431, 432 & 433.
II. Background and Proposed
Amendments
This proposed rule amends TVA’s
regulations implementing the
Archaeological Resources Protection Act
of 1979 (Pub. L. 96–95, as amended by
Pub. L. 100–555, Pub. L. 100–588; 93
Stat. 721; 102 Stat. 2983; 16 U.S.C.
470aa–mm) to provide for the issuance
of petty offense citations by TVA’s law
enforcement agents for violations of
ARPA or AA.
Section 10(a) of ARPA requires the
Departments of Interior, Agriculture and
Defense and the Tennessee Valley
Authority to promulgate such uniform
rules and regulations as may be
necessary to carry out the purposes of
ARPA. The first purpose of ARPA is ‘‘to
secure, for the present and future benefit
of the American people, the protection
of archaeological resources and sites
which are on public lands and Indian
lands.’’ 16 U.S.C. 470aa(b). The uniform
regulations for ARPA originally were
published on January 6, 1984 to
implement the Act of 1979. The uniform
regulations were then revised on
January 26, 1995 to incorporate the
amendments to ARPA promulgated by
Congress in 1988.
Section 10(b) of ARPA requires each
Federal land manager (FLM) to
promulgate such regulations, consistent
with the uniform regulations under
Section 10(a), as may be appropriate for
the carrying out of the FLM’s functions
and authorities under the Act. Thus,
Section 10(b) allows individual Federal
agencies to tailor the uniform
regulations to suit their own particular
needs with a view to effectively
implementing the authorities under the
Act. TVA has adopted the uniform
regulations as its own. See 18 CFR part
1312 (1984 and 1995). This proposed
rule amends TVA’s ARPA regulations
by enabling TVA’s law enforcement
agents to issue petty offense citations for
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violations of ARPA 1 or AA 2 occurring
on lands owned by the United States
that are entrusted to TVA.3 The issuance
of such petty offense citations would be
consistent with the authority granted to
TVA’s law enforcement agents under
the TVA Act, and advance the effective
prosecution of violations of ARPA and
AA.
Under the TVA Act, the TVA Board
of Directors ‘‘may designate employees
of the Corporation to act as law
enforcement agents’’ to ‘‘make arrests
without warrant for any offense against
the United States committed in the
agent’s presence’’ that occurs ‘‘on any
lands or facilities owned or leased by
the Corporation.’’ See 16 U.S.C. 831c–3.
Based on this authority, the proposed
rule amends TVA’s regulations for
protection of archaeological resources to
authorize certain TVA law enforcement
agents to issue petty offense citations for
the violation of any provision of 16
U.S.C. 470ee or 16 U.S.C. 433. Those
TVA law enforcement agents that are
designated by the Director of TVA
Police and Emergency Management for
the purpose of conducting
archaeological investigations shall have
the authority to issue petty offense
citations for ARPA or AA violations
committed in the agent’s presence on
lands owned by the United States that
are entrusted to TVA. For any such
petty offense committed on lands
entrusted to TVA, the citation may be
issued at the site of the offense, or on
non-TVA land (a) when the person
committing the offense is in the process
of fleeing the site of the offense to avoid
arrest, or (b) to protect the
archaeological artifacts involved in the
commission of the offense.4 The citation
1 The prohibitions under ARPA are set out in
Sections 6(a), 6(b) and 6(c) of the Act. See 16 U.S.C.
470ee(a), (b) & (c). Any violation of these
prohibitions is subject to the criminal sanctions
prescribed in Section 6(d). See 16 U.S.C. 470ee(d).
TVA’s regulations implementing ARPA replicate
these prohibitions and criminal sanctions. See 18
CFR 1312.4.
2 The AA prohibits, among other things, the
excavation, destruction or appropriation of an
object of antiquity situated on federal lands without
the permission of the head of the agency having
jurisdiction over those lands. See 16 U.S.C. 433.
Any violation of these provisions is subject to
criminal sanctions. Id.
3 Under Section 21(a) of the TVA Act, ‘‘[a]ll
general penal statutes relating to larceny,
embezzlement, conversion, or to the improper
handling, retention, use or disposal of—property of
the United States, shall apply to the—property of
the Corporation and to—properties of the United
States entrusted to the Corporation.’’ 16 U.S.C.
831t(a) (emphasis added).
4 See 16 U.S.C. 831c–3(c)(2) (authorizing TVA’s
law enforcement agents to exercise their law
enforcement duties and powers on non-TVA lands
(1) when the person to be arrested is in the process
of fleeing to avoid arrest or (2) in conjunction with
the protection of TVA property.)
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will require the person charged with the
violation to appear before a United
States Magistrate Judge within whose
jurisdiction the affected archaeological
resource is located.5
III. Administrative Requirements
A. Unfunded Mandates Reform Act and
Various Executive Orders Including E.O.
12866, Regulatory Planning and Review;
E.O. 12898, Federal Actions To Address
Environmental Justice in Minority
Populations and Low-Income
Populations; E.O. 13045, Protection of
Children From Environmental Health
Risks; E.O. 13132, Federalism; E.O.
13175, Consultation and Coordination
With Indian Tribal Governments; and
E.O. 13211, Actions Concerning
Regulations That Significantly Affect
Energy Supply, Distribution, and Use;
E.O. 12988, Civil Justice Reform Act
This proposal would amend TVA’s
regulations for the protection of
archaeological resources by providing
for issuance of petty offense citations by
TVA’s law enforcement agents for
violations of ARPA or AA. This
proposal is not subject to Office of
Management and Budget Review under
Executive Order 12866. The proposal
contains no Federal mandates for State,
local, or tribal government or for the
private sector. TVA has determined that
these proposed amendments will not
have a significant annual effect of $100
million or more or result in
expenditures of $100 million in any one
year by State, local, or tribal
governments or by the private sector.
Nor will the proposal have concerns for
environmental health or safety risks that
may disproportionately affect children,
have significant effect on the supply,
distribution, or use of energy, or
disproportionally impact low-income or
minority populations. Accordingly, the
proposal has no implications for any of
the referenced authorities. TVA will
continue to appropriately review
specific requests in accordance with
applicable laws, regulations, and
Executive Orders.
B. Regulatory Flexibility Act
Under the Regulatory Flexibility Act,
5 U.S.C. 601 et seq., TVA is required to
prepare a regulatory flexibility analysis
unless the head of the agency certifies
that the proposal will not have a
significant economic impact on a
substantial number of small entities.
5 Section
3401 of Title 18, United States Code,
provides that ‘‘any United States magistrate judge
shall have jurisdiction to try persons accused of,
and sentence persons convicted of, misdemeanors
committed within that judicial district.’’ 18 U.S.C.
3401(a).
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TVA’s Chief Executive Officer has
certified that this proposal will not have
a significant economic impact on a
substantial number of small entities
within the meaning of the Regulatory
Flexibility Act. This determination is
based on the finding that the proposed
amendments are directed toward
Federal resource management to help
prevent loss or destruction of
archaeological resources, with no
economic impact on the public.
C. Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.)
This rule does not contain
information collection requirements that
require approval by OMB under the
Paperwork Reduction Act.
List of Subjects in 18 CFR Part 1312
Administrative practice and
procedure, Historic Preservation,
Indians—lands, Penalties, Public lands,
Reporting and recordkeeping
requirements.
For the reasons set out in the
preamble, we propose to amend 18 CFR
part 1312 as follows:
PART 1312—PROTECTION OF
ARCHAEOLOGICAL RESOURCES:
UNIFORM REGULATIONS
1. The authority citation for part 1312
is revised to read as follows:
■
Authority: Pub. L. 96–95, 93 Stat. 721,
amended, 102 Stat. 2983 (16 U.S.C. 470aa–
mm)(Sec. 10(a) &(b)); Tennessee Valley
Authority Act of 1933, as amended, 16 U.S.C.
831–831ee (2012). Related Authority: Pub. L.
59–209, 34 Stat. 225 (16 U.S.C. 432, 433);
Pub. L. 86–523, 74 Stat. 220, 221 (16 U.S.C.
469), as amended, 88 Stat. 174 (1974); Pub.
L. 89–665, 80 Stat. 915 (16 U.S.C. 470a–t), as
amended, 84 Stat. 204 (1970), 87 Stat. 139
(1973), 90 Stat. 1320 (1976), 92 Stat. 3467
(1978), 94 Stat. 2987 (1980); Pub. L. 95–341,
92 Stat. 469 (42 U.S.C. 1996);
2. Amend § 1312.1 by adding a
sentence at the end of paragraph (a) to
read as follows:
■
§ 1312.1
Purpose
(a) * * * These regulations also
enable TVA’s law enforcement agents to
issue petty offense citations for
violations of any provision of 16 U.S.C.
470ee or 16 U.S.C. 433.
*
*
*
*
*
■ 3. Amend § 1312.2 by adding
paragraph (c) to read as follows:
§ 1312.2
Authority
(c) Provisions pertaining to the
issuance of petty offense citations are
based on the duties and powers
assigned to TVA’s law enforcement
agents under 16 U.S.C. 831–831ee.
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4. Amend § 1312.3 by adding
paragraph (j) to read as follows:
■
§ 1312.3
Definitions
(j) ‘‘Director’’ means the Director of
TVA Police and Emergency
Management assigned the function and
responsibility of supervising TVA
employees designated as law
enforcement agents under 16 U.S.C.
831c–3(a).
■ 5. Add § 1312.22, shown below, to
Part 1312 to read as follows:
§ 1312.22
Offenses
Issuance of Citations for Petty
Any person who violates any
provision contained in 16 U.S.C. 470ee
or 16 U.S.C. 433 in the presence of a
TVA law enforcement agent may be
tried and sentenced in accordance with
the provisions of section 3401 of Title
18, United States Code. Law
enforcement agents designated by the
Director for that purpose shall have the
authority to issue a petty offense
citation for any such violation, requiring
any person charged with the violation to
appear before a United States Magistrate
Judge within whose jurisdiction the
archaeological resource impacted by the
violation is located. The term ‘‘petty
offense’’ has the same meaning given
that term under section 19 of Title 8,
United States Code.
Dated: May 10, 2016.
Rebecca C. Tolene,
Deputy General Counsel and Vice President,
Natural Resources.
[FR Doc. 2016–11688 Filed 5–19–16; 8:45 am]
BILLING CODE 8120–08–P
DEPARTMENT OF COMMERCE
International Trade Administration
19 CFR Part 351
[Docket No. 160506400–6400–01]
RIN 0625–AB05
Modification of Regulation Regarding
Written Argument: Establishing Word
Limits for Case and Rebuttal Briefs in
Antidumping and Countervailing Duty
Proceedings
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
ACTION: Proposed rule and request for
comments.
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AGENCY:
The Department of Commerce
(‘‘the Department’’) proposes to modify
the regulation pertaining to written
argument in antidumping and
countervailing duty proceedings and is
SUMMARY:
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seeking comments from parties. This
modification, if adopted, is intended to
establish word limits for submission of
case and rebuttal briefs. This action is
necessary to streamline the process
contained in the current regulation, to
better align with current Department
practices and to reduce the strain on
resources.
DATES: To be assured of consideration,
written comments must be received no
later than June 20, 2016.
ADDRESSES: All comments must be
submitted through the Federal
eRulemaking Portal at https://
www.regulations.gov, Docket No. ITA–
2016–0001, unless the commenter does
not have access to the Internet.
Commenters that do not have access to
the internet may submit the original and
one electronic copy of each set of
comments by mail or hand delivery/
courier. All comments should be
addressed to Paul Piquado, Assistant
Secretary for Enforcement &
Compliance, Room 1870, Department of
Commerce, 14th Street and Constitution
Ave. NW., Washington, DC 20230.
Comments submitted to the Department
will be uploaded to the eRulemaking
Portal at www.Regulations.gov.
The Department will consider all
comments received before the close of
the comment period. All comments
responding to this notice will be a
matter of public record and will be
available on the Federal eRulemaking
Portal at www.Regulations.gov. The
Department will not accept comments
accompanied by a request that part or
all of the material be treated
confidentially because of its business
proprietary nature or for any other
reason.
Any questions concerning file
formatting, document conversion,
access on the Internet, or other
electronic filing issues should be
addressed to Moustapha Sylla,
Enforcement and Compliance
Webmaster, at (202) 482–4685, email
address: webmaster-support@
ita.doc.gov.
FOR FURTHER INFORMATION CONTACT:
Myrna Lobo at (202) 482–2371 or
Michele Lynch at (202) 482–2879.
SUPPLEMENTARY INFORMATION:
Background
Section 351.309 of the Department’s
regulations sets forth limits for the
submission of case and rebuttal briefs
and provides guidance on what should
be contained in these documents.
However, unlike other Federal Agencies
(e.g., the International Trade
Commission, Department of Labor, or
the Internal Revenue Service Tax
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31875
Court),1 the Department does not
currently limit the length of such briefs.
As a result, submissions may contain
lengthy or duplicative arguments in
antidumping and countervailing duty
proceedings. The review and
summarization of these lengthy
submissions consumes considerable
resources. To reduce the strain on
limited resources and streamline the
process, the Department proposes
amending 19 CFR 351.309 to impose
word limits on case and rebuttal briefs.
The proposed revision would set forth
a limit of 25,000 words in total for each
party’s case and rebuttal briefs. A party
may decide on the number of words it
chooses to allocate among its case brief
and rebuttal brief, but the combined
total between the two shall not exceed
25,000 words. Each case brief must
contain a certification by the filing party
or its representative, indicating the
number of words used in the brief, and
the number of unused words remaining
for the rebuttal brief. Each rebuttal brief
must contain a certification by the filing
party or its representative indicating the
number of words used and that the total
combined word limit of 25,000 words
has not been exceeded. The word limit
will include all attachments, headings,
footnotes, endnotes, and quotations
used in the document; it will not
include the table of contents, table of
statutes, regulations and cases cited, and
summary of arguments that preface the
arguments in the brief, referenced in
paragraphs (c)(2) and (d)(2) of the
revised regulation below. In
determining the word count, a party
may rely on the software program used
to prepare the brief. Briefs in excess of
the word count shall be rejected and
shall be considered untimely.
If an interested party challenges a
party’s word count, such a filing must
be made within 48 hours of the filing of
the final version of the case or reply
brief in ACCESS.2 While parties may
not be able to view another party’s
business proprietary case brief in
ACCESS and may have to rely on being
served the brief by the filing party, we
note that 19 CFR 351.303(f)(3)(i)
contains specific rules for service of
briefs. Case briefs must be served on
persons on the service list 3 the same
day that they are filed with the
Department by personal service or by
overnight mail or courier the next day
1 The United States Court of International Trade
and the United States Court of Appeals for the
Federal Circuit also impose word limits on briefs.
2 Enforcement and Compliance’s Antidumping
and Countervailing Duty Centralized Electronic
Service System (‘‘ACCESS’’). ACCESS is available
to registered users at https://access.trade.gov.
3 19 CFR 103(d)(2).
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]]>Agencies
[Federal Register Volume 81, Number 98 (Friday, May 20, 2016)]
[Proposed Rules]
[Pages 31873-31875]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-11688]
=======================================================================
-----------------------------------------------------------------------
TENNESSEE VALLEY AUTHORITY
18 CFR Part 1312
Protection of Archaeological Resources
AGENCY: Tennessee Valley Authority.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Tennessee Valley Authority (TVA) proposes to amend its
regulations for the protection of archaeological resources by providing
for the issuance of petty offense citations for violations of the
Archaeological Resources Protection Act (ARPA) and the Antiquities Act
of 1906 (AA). Amending the regulations such that TVA law enforcement
agents are authorized to issue citations will help prevent loss and
destruction of these resources resulting from unlawful excavations and
pillage.
DATES: Written comments must be received on or before June 20, 2016.
ADDRESSES: You may submit comments by any of the following methods:
Mail/Hand Delivery: Ralph E. Majors, Supervisor,
Investigation Unit, TVA Police & Emergency Management, Tennessee Valley
Authority, 400 West Summit Hill Drive, WT 2D-K, Knoxville, Tennessee
37902-1401.
Email: remajors@tva.gov.
FOR FURTHER INFORMATION CONTACT: Ralph E. Majors, 865-632-4176.
SUPPLEMENTARY INFORMATION:
I. Legal Authority
These proposed amendments are promulgated under the authority of
the TVA Act, as amended, 16 U.S.C. 831-831ee, the Archaeological
Resources Protection Act, 16 U.S.C. 470aa-470mm, and the Antiquities
Act of 1906, 16 U.S.C.431, 432 & 433.
II. Background and Proposed Amendments
This proposed rule amends TVA's regulations implementing the
Archaeological Resources Protection Act of 1979 (Pub. L. 96-95, as
amended by Pub. L. 100-555, Pub. L. 100-588; 93 Stat. 721; 102 Stat.
2983; 16 U.S.C. 470aa-mm) to provide for the issuance of petty offense
citations by TVA's law enforcement agents for violations of ARPA or AA.
Section 10(a) of ARPA requires the Departments of Interior,
Agriculture and Defense and the Tennessee Valley Authority to
promulgate such uniform rules and regulations as may be necessary to
carry out the purposes of ARPA. The first purpose of ARPA is ``to
secure, for the present and future benefit of the American people, the
protection of archaeological resources and sites which are on public
lands and Indian lands.'' 16 U.S.C. 470aa(b). The uniform regulations
for ARPA originally were published on January 6, 1984 to implement the
Act of 1979. The uniform regulations were then revised on January 26,
1995 to incorporate the amendments to ARPA promulgated by Congress in
1988.
Section 10(b) of ARPA requires each Federal land manager (FLM) to
promulgate such regulations, consistent with the uniform regulations
under Section 10(a), as may be appropriate for the carrying out of the
FLM's functions and authorities under the Act. Thus, Section 10(b)
allows individual Federal agencies to tailor the uniform regulations to
suit their own particular needs with a view to effectively implementing
the authorities under the Act. TVA has adopted the uniform regulations
as its own. See 18 CFR part 1312 (1984 and 1995). This proposed rule
amends TVA's ARPA regulations by enabling TVA's law enforcement agents
to issue petty offense citations for
[[Page 31874]]
violations of ARPA \1\ or AA \2\ occurring on lands owned by the United
States that are entrusted to TVA.\3\ The issuance of such petty offense
citations would be consistent with the authority granted to TVA's law
enforcement agents under the TVA Act, and advance the effective
prosecution of violations of ARPA and AA.
---------------------------------------------------------------------------
\1\ The prohibitions under ARPA are set out in Sections 6(a),
6(b) and 6(c) of the Act. See 16 U.S.C. 470ee(a), (b) & (c). Any
violation of these prohibitions is subject to the criminal sanctions
prescribed in Section 6(d). See 16 U.S.C. 470ee(d). TVA's
regulations implementing ARPA replicate these prohibitions and
criminal sanctions. See 18 CFR 1312.4.
\2\ The AA prohibits, among other things, the excavation,
destruction or appropriation of an object of antiquity situated on
federal lands without the permission of the head of the agency
having jurisdiction over those lands. See 16 U.S.C. 433. Any
violation of these provisions is subject to criminal sanctions. Id.
\3\ Under Section 21(a) of the TVA Act, ``[a]ll general penal
statutes relating to larceny, embezzlement, conversion, or to the
improper handling, retention, use or disposal of--property of the
United States, shall apply to the--property of the Corporation and
to--properties of the United States entrusted to the Corporation.''
16 U.S.C. 831t(a) (emphasis added).
---------------------------------------------------------------------------
Under the TVA Act, the TVA Board of Directors ``may designate
employees of the Corporation to act as law enforcement agents'' to
``make arrests without warrant for any offense against the United
States committed in the agent's presence'' that occurs ``on any lands
or facilities owned or leased by the Corporation.'' See 16 U.S.C. 831c-
3. Based on this authority, the proposed rule amends TVA's regulations
for protection of archaeological resources to authorize certain TVA law
enforcement agents to issue petty offense citations for the violation
of any provision of 16 U.S.C. 470ee or 16 U.S.C. 433. Those TVA law
enforcement agents that are designated by the Director of TVA Police
and Emergency Management for the purpose of conducting archaeological
investigations shall have the authority to issue petty offense
citations for ARPA or AA violations committed in the agent's presence
on lands owned by the United States that are entrusted to TVA. For any
such petty offense committed on lands entrusted to TVA, the citation
may be issued at the site of the offense, or on non-TVA land (a) when
the person committing the offense is in the process of fleeing the site
of the offense to avoid arrest, or (b) to protect the archaeological
artifacts involved in the commission of the offense.\4\ The citation
will require the person charged with the violation to appear before a
United States Magistrate Judge within whose jurisdiction the affected
archaeological resource is located.\5\
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\4\ See 16 U.S.C. 831c-3(c)(2) (authorizing TVA's law
enforcement agents to exercise their law enforcement duties and
powers on non-TVA lands (1) when the person to be arrested is in the
process of fleeing to avoid arrest or (2) in conjunction with the
protection of TVA property.)
\5\ Section 3401 of Title 18, United States Code, provides that
``any United States magistrate judge shall have jurisdiction to try
persons accused of, and sentence persons convicted of, misdemeanors
committed within that judicial district.'' 18 U.S.C. 3401(a).
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III. Administrative Requirements
A. Unfunded Mandates Reform Act and Various Executive Orders Including
E.O. 12866, Regulatory Planning and Review; E.O. 12898, Federal Actions
To Address Environmental Justice in Minority Populations and Low-Income
Populations; E.O. 13045, Protection of Children From Environmental
Health Risks; E.O. 13132, Federalism; E.O. 13175, Consultation and
Coordination With Indian Tribal Governments; and E.O. 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, and Use; E.O. 12988, Civil Justice Reform Act
This proposal would amend TVA's regulations for the protection of
archaeological resources by providing for issuance of petty offense
citations by TVA's law enforcement agents for violations of ARPA or AA.
This proposal is not subject to Office of Management and Budget Review
under Executive Order 12866. The proposal contains no Federal mandates
for State, local, or tribal government or for the private sector. TVA
has determined that these proposed amendments will not have a
significant annual effect of $100 million or more or result in
expenditures of $100 million in any one year by State, local, or tribal
governments or by the private sector. Nor will the proposal have
concerns for environmental health or safety risks that may
disproportionately affect children, have significant effect on the
supply, distribution, or use of energy, or disproportionally impact
low-income or minority populations. Accordingly, the proposal has no
implications for any of the referenced authorities. TVA will continue
to appropriately review specific requests in accordance with applicable
laws, regulations, and Executive Orders.
B. Regulatory Flexibility Act
Under the Regulatory Flexibility Act, 5 U.S.C. 601 et seq., TVA is
required to prepare a regulatory flexibility analysis unless the head
of the agency certifies that the proposal will not have a significant
economic impact on a substantial number of small entities. TVA's Chief
Executive Officer has certified that this proposal will not have a
significant economic impact on a substantial number of small entities
within the meaning of the Regulatory Flexibility Act. This
determination is based on the finding that the proposed amendments are
directed toward Federal resource management to help prevent loss or
destruction of archaeological resources, with no economic impact on the
public.
C. Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.)
This rule does not contain information collection requirements that
require approval by OMB under the Paperwork Reduction Act.
List of Subjects in 18 CFR Part 1312
Administrative practice and procedure, Historic Preservation,
Indians--lands, Penalties, Public lands, Reporting and recordkeeping
requirements.
For the reasons set out in the preamble, we propose to amend 18 CFR
part 1312 as follows:
PART 1312--PROTECTION OF ARCHAEOLOGICAL RESOURCES: UNIFORM
REGULATIONS
0
1. The authority citation for part 1312 is revised to read as follows:
Authority: Pub. L. 96-95, 93 Stat. 721, amended, 102 Stat. 2983
(16 U.S.C. 470aa-mm)(Sec. 10(a) &(b)); Tennessee Valley Authority
Act of 1933, as amended, 16 U.S.C. 831-831ee (2012). Related
Authority: Pub. L. 59-209, 34 Stat. 225 (16 U.S.C. 432, 433); Pub.
L. 86-523, 74 Stat. 220, 221 (16 U.S.C. 469), as amended, 88 Stat.
174 (1974); Pub. L. 89-665, 80 Stat. 915 (16 U.S.C. 470a-t), as
amended, 84 Stat. 204 (1970), 87 Stat. 139 (1973), 90 Stat. 1320
(1976), 92 Stat. 3467 (1978), 94 Stat. 2987 (1980); Pub. L. 95-341,
92 Stat. 469 (42 U.S.C. 1996);
0
2. Amend Sec. 1312.1 by adding a sentence at the end of paragraph (a)
to read as follows:
Sec. 1312.1 Purpose
(a) * * * These regulations also enable TVA's law enforcement
agents to issue petty offense citations for violations of any provision
of 16 U.S.C. 470ee or 16 U.S.C. 433.
* * * * *
0
3. Amend Sec. 1312.2 by adding paragraph (c) to read as follows:
Sec. 1312.2 Authority
(c) Provisions pertaining to the issuance of petty offense
citations are based on the duties and powers assigned to TVA's law
enforcement agents under 16 U.S.C. 831-831ee.
[[Page 31875]]
0
4. Amend Sec. 1312.3 by adding paragraph (j) to read as follows:
Sec. 1312.3 Definitions
(j) ``Director'' means the Director of TVA Police and Emergency
Management assigned the function and responsibility of supervising TVA
employees designated as law enforcement agents under 16 U.S.C. 831c-
3(a).
0
5. Add Sec. 1312.22, shown below, to Part 1312 to read as follows:
Sec. 1312.22 Issuance of Citations for Petty Offenses
Any person who violates any provision contained in 16 U.S.C. 470ee
or 16 U.S.C. 433 in the presence of a TVA law enforcement agent may be
tried and sentenced in accordance with the provisions of section 3401
of Title 18, United States Code. Law enforcement agents designated by
the Director for that purpose shall have the authority to issue a petty
offense citation for any such violation, requiring any person charged
with the violation to appear before a United States Magistrate Judge
within whose jurisdiction the archaeological resource impacted by the
violation is located. The term ``petty offense'' has the same meaning
given that term under section 19 of Title 8, United States Code.
Dated: May 10, 2016.
Rebecca C. Tolene,
Deputy General Counsel and Vice President, Natural Resources.
[FR Doc. 2016-11688 Filed 5-19-16; 8:45 am]
BILLING CODE 8120-08-P
