Civil Penalties Inflation Adjustments, 41858-41860 [2016-15168]

Download as PDF 41858 Federal Register / Vol. 81, No. 124 / Tuesday, June 28, 2016 / Rules and Regulations You may submit comments, identified by the Regulation Identifier Number (RIN) 1024–AE34, by any of the following methods: • Federal eRulemaking Portal: https:// www.regulations.gov. Search for RIN 1024–AE34 and follow the instructions for submitting comments. • Mail, Hand Delivery, or Courier: Melanie O’Brien, Manager, National NAGPRA Program, National Park Service, 1849 C Street NW., Washington, DC 20240. FOR FURTHER INFORMATION CONTACT: Melanie O’Brien, Manager, National NAGPRA Program, National Park Service, 1849 C Street NW., Washington, DC 20240, (202) 354–2204. SUPPLEMENTARY INFORMATION: ADDRESSES: DEPARTMENT OF THE INTERIOR Office of the Secretary of the Interior 43 CFR Part 10 [NPS–WASO–NAGPRA–20860; PPWOCRADN0–PCU00RP14.R50000] RIN 1024–AE28 Civil Penalties Inflation Adjustments Office of the Secretary, Interior. ACTION: Interim final rule. AGENCY: This rule adjusts the level of civil monetary penalties contained in U.S. Department of the Interior regulations implementing the Native American Graves Protection and Repatriation Act with an initial ‘‘catchup’’ adjustment under the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 and Office of Management and Budget guidance. DATES: This rule is effective on July 28, 2016. Comments will be accepted until August 29, 2016. SUMMARY: I. Background II. Calculation of Adjustment III. Procedural Requirements A. Regulatory Planning and Review (E.O. 12866) B. Regulatory Flexibility Act C. Small Business Regulatory Enforcement Fairness Act D. Unfunded Mandates Reform Act 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. The purpose of these adjustments is to maintain the deterrent effect of civil penalties and to further the policy goals of the underlying statutes. This rule adjusts the following civil monetary penalties: 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 Adjustment asabaliauskas on DSK3SPTVN1PROD with RULES 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) I. Paperwork Reduction Act J. National Environmental Policy Act K. Effects on the Energy Supply (E.O. 13211) L. Clarity of This Regulation M. Administrative Procedure Act been made) and the October 2015 CPI– U. The Office of Management and Budget (OMB) issued guidance 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. Under this guidance, the Department has 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 catchup adjustment is 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 VerDate Sep<11>2014 16:05 Jun 27, 2016 Jkt 238001 III. Procedural Requirements A. Regulatory Planning and Review (Executive Orders 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 PO 00000 Frm 00072 Fmt 4700 Sfmt 4700 $5,000 1,000 Catchup adjustment $1,428 268 Adjusted penalty $6,428 1,268 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 Federal Civil Penalties Adjustment Act of 2015 requires agencies to adjust civil penalties with an initial catch-up adjustment through an interim final rule. An interim final rule does not include first publishing a proposed rule. Thus, the RFA does not apply to this final rule. C. Small Business Regulatory Enforcement Fairness Act This rule is not a major rule under 5 U.S.C. 804(2), the Small Business Regulatory Enforcement Fairness Act. This rule: (a) Does not have an annual effect on the economy of $100 million or more. E:\FR\FM\28JNR1.SGM 28JNR1 Federal Register / Vol. 81, No. 124 / Tuesday, June 28, 2016 / Rules and Regulations (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 statement containing the information required by the Unfunded Mandates Reform Act (2 U.S.C. 1531 et seq.) is not required. E. Takings (Executive Order 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 (Executive Order 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 (Executive Order 12988) This rule complies with the requirements of Executive Order 12988. Specifically, this rule: (a) Meets the criteria of section 3(a) requiring that all regulations be reviewed to eliminate errors and ambiguity and be written to minimize litigation; and (b) Meets the criteria of section 3(b)(2) requiring that all regulations be written in clear language and contain clear legal standards. asabaliauskas on DSK3SPTVN1PROD with RULES H. Consultation With Indian Tribes (Executive Order 13175 and Department 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 VerDate Sep<11>2014 16:05 Jun 27, 2016 Jkt 238001 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. K. Effects on the Energy Supply (Executive Order 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. Clarity of This Regulation We are required by Executive Orders 12866 (section 1(b)(12)), 12988 (section 3(b)(1)(B)), and 13563 (section 1(a)), and by the Presidential Memorandum of June 1, 1998, to write all rules in plain language. This means that each rule we publish must: (a) Be logically organized; (b) Use the active voice to address readers directly; (c) Use common, everyday words and clear language rather than jargon; (d) Be divided into short sections and sentences; and (e) Use lists and tables wherever possible. If you feel that we have not met these requirements, send us comments by one of the methods listed in the ADDRESSES section. To better help us revise the rule, your comments should be as specific as possible. For example, you should tell us the numbers of the sections or paragraphs that you find unclear, which sections or sentences are PO 00000 Frm 00073 Fmt 4700 Sfmt 4700 41859 too long, the sections where you feel lists or tables would be useful, etc. M. Administrative Procedure Act The Act requires agencies to publish interim final rules by July 1, 2016, with an effective date for the adjusted penalties no later than August 1, 2016. To comply with the Act, we are issuing these regulations as an interim final rule and are requesting comments postpromulgation. Section 553(b) of the Administrative Procedure Act (APA) provides that, when an agency for good cause finds that ‘‘notice and public procedure . . . are impracticable, unnecessary, or contrary to the public interest,’’ the agency may issue a rule without providing notice and an opportunity for prior public comment. The Office of the Secretary finds that there is good cause to promulgate this rule without first providing for public comment. It would not be possible to meet the deadlines imposed by the Act if we were to first publish a proposed rule, allow the public sufficient time to submit comments, analyze the comments, and publish a final rule. Also, the Office of the Secretary is promulgating this final rule to implement the statutory directive in the Act, which requires agencies to publish an interim final rule and to update the civil penalty amounts by applying a specified formula. The Office of the Secretary has no discretion to vary the amount of the adjustment to reflect any views or suggestions provided by commenters. Accordingly, it would serve no purpose to provide an opportunity for pre-promulgation public comment on this rule. Thus, prepromulgation notice and public comment is impracticable and unnecessary. 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 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. § 10.12 ■ [Amended] 2. In § 10.12: E:\FR\FM\28JNR1.SGM 28JNR1 41860 Federal Register / Vol. 81, No. 124 / Tuesday, June 28, 2016 / Rules and Regulations a. In paragraph (g)(2) introductory text, remove ‘‘$5,000’’ and add in its place ‘‘$6,428’’. ■ b. In paragraph (g)(3), remove ‘‘$1,000’’ and add in its place ‘‘$1,268’’. ■ Dated: June 8, 2016. Michael Bean, Principal Deputy Assistant Secretary for Fish and Wildlife and Parks. [FR Doc. 2016–15168 Filed 6–27–16; 8:45 am] BILLING CODE 4310–EJ–P DEPARTMENT OF THE INTERIOR Bureau of Land Management 43 CFR Part 3160 [16X.LLWO310000.L13100000.PP0000] RIN 1004–AE46 Onshore Oil and Gas Operations—Civil Penalties Inflation Adjustments Bureau of Land Management, Interior. ACTION: Interim final rule. AGENCY: This rule adjusts the level of civil monetary penalties contained in the Bureau of Land Management’s regulations governing onshore oil and gas operations as required by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (the ‘‘Act’’). The adjustments made by this interim final rule constitute the initial catch-up adjustments contemplated by the Act, and are consistent with applicable Office of Management and Budget (OMB) guidance. DATES: As required by the Act, this rule is effective on July 28, 2016. Comments will be accepted until August 29, 2016. ADDRESSES: You may submit comments by any of the following methods: • Federal eRulemaking Portal: https:// www.regulations.gov. Search for 1004– SUMMARY: AE46 and follow the instructions for submitting comments. • Mail: Director (630), Bureau of Land Management, U.S. Department of the Interior, 1849 C St. NW., Washington, DC 20240, Attention: 1004–AE46. • Hand Delivery, or Courier: U.S. Department of the Interior, Bureau of Land Management, 20 M St. SE., Room 2134LM, Attention: Regulatory Affairs, Washington, DC 20003. FOR FURTHER INFORMATION CONTACT: Steven Wells, Division Chief, Fluid Minerals Division, 202–912–7143, for information regarding the BLM’s Fluid Minerals Program. For questions relating to regulatory process issues, please contact Jennifer Noe, Division of Regulatory Affairs, at 202–912–7442. Persons who use a telecommunications device for the deaf (TDD) may call the Federal Information Relay Service (FIRS) at 1–800–877–8339, 24 hours a day, seven days a week to contact the above individuals. SUPPLEMENTARY INFORMATION: I. Background II. Calculation of Adjustment III. Procedural Requirements A. Regulatory Planning and Review (E.O. 12866 and 13563) B. Regulatory Flexibility Act C. Small Business Regulatory Enforcement Fairness Act D. Unfunded Mandates Reform Act E. Takings (E.O. 12630) F. Federalism (E.O. 13132) G. Civil Justice Reform (E.O. 12988) H. Consultation With Indian Tribes (E.O. 13175 and Departmental Policy) I. Paperwork Reduction Act J. National Environmental Policy Act K. Effects on the Energy Supply (E.O. 13211) L. Clarity of This Regulation M. Administrative Procedure Act I. Background On November 2, 2015, the President signed the Act into law (Sec. 701 of Pub. L. 114–74). It requires all Federal CFR citation 43 43 43 43 43 CFR CFR CFR CFR CFR asabaliauskas on DSK3SPTVN1PROD with RULES 43 CFR 3163.2(g)(1) ................... 43 CFR 3163.2(g)(1) ................... 43 CFR 3163.2(g)(1) ................... 43 CFR 3163.2(g)(1) ................... 43 CFR 3163.2(g)(1) ................... 43 CFR 3163.2(g)(1) ................... 43 CFR 3163.2(g)(1) ................... VerDate Sep<11>2014 16:05 Jun 27, 2016 Current penalty Description of the penalty 3163.2(a) ........................ 3163.2(b) ........................ 3163.2(d) ........................ 3163.2(e) ........................ 3163.2(f) ......................... agencies to review their existing regulations and adjust the level of civil monetary penalties found in those regulations for inflation. The Act contemplates two adjustments—an initial ‘‘catch-up’’ adjustment through rulemaking from the date the penalty in question was established to present day, and annual adjustments for inflation thereafter. The purpose of these adjustments is to maintain the deterrent effect of civil penalties found in existing regulations, in order to further the policy goals of the underlying statutes. The BLM has reviewed its existing regulations and determined that only the civil monetary penalties found at 43 CFR 3163.2 are subject to the Act’s requirements. Once penalties subject to the Act have been identified, the Act specifies the formula and format to be used to adjust those amounts. (Section 701(b)) The adjustments contemplated by the Act are based on the percent change between the Consumer Price Index for all Urban Consumers (CPI–U) for the month of October in 1987, the year the penalties were established by regulation, and the October 2015 CPI–U, so the catch-up adjustment multiplier is 2.06278 for all penalties. The Act caps adjustments at 150 percent, and Section 701(b)(1)(D) of the Act specifically requires that adjustments be promulgated as an interim final rule. The Act does not provide BLM with discretion with respect to either of these provisions. The adjustments made by this interim final rule constitute the initial ‘‘catchup’’ adjustment contemplated by the Act and subsequent guidance from OMB, and include the following changes to the penalties provided by existing regulations: Failure to comply ............................................................... If corrective action is not taken ......................................... If transporter fails to permit inspection for documentation Failure to permit inspection, failure to notify ..................... False or inaccurate documents; unlawful transfer or purchase. Initial penalty under 43 CFR 3163.2(a) for a major violation. Maximum penalty under 43 CFR 3163.2(a) for a major violation. Initial penalty under 43 CFR 3163.2(b) for a major violation. Maximum penalty under 43 CFR 3163.2(b) for a major violation. Penalty under 43 CFR 3163.2(d) for a major violation ..... Penalty under 43 CFR 3163.2(e) for a major violation ..... Penalty under 43 CFR 3163.2(f) for a major violation ...... Jkt 238001 PO 00000 Frm 00074 Fmt 4700 Sfmt 4700 E:\FR\FM\28JNR1.SGM Catchup adjustment Adjusted penalty $500 5,000 500 10,000 25,000 $531 5,314 531 10,628 26,570 $1,031 10,314 1,031 20,628 51,570 500 531 1,031 1,000 1,063 2,063 5,000 5,314 10,314 10,000 10,628 20,628 500 10,000 25,000 531 10,628 26,570 1,031 20,628 51,570 28JNR1

Agencies

[Federal Register Volume 81, Number 124 (Tuesday, June 28, 2016)]
[Rules and Regulations]
[Pages 41858-41860]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-15168]



[[Page 41858]]

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DEPARTMENT OF THE INTERIOR

Office of the Secretary of the Interior

43 CFR Part 10

[NPS-WASO-NAGPRA-20860; PPWOCRADN0-PCU00RP14.R50000]
RIN 1024-AE28


Civil Penalties Inflation Adjustments

AGENCY: Office of the Secretary, Interior.

ACTION: Interim final rule.

-----------------------------------------------------------------------

SUMMARY: This rule adjusts the level of civil monetary penalties 
contained in U.S. Department of the Interior regulations implementing 
the Native American Graves Protection and Repatriation Act with an 
initial ``catch-up'' adjustment under the Federal Civil Penalties 
Inflation Adjustment Act Improvements Act of 2015 and Office of 
Management and Budget guidance.

DATES: This rule is effective on July 28, 2016. Comments will be 
accepted until August 29, 2016.

ADDRESSES: You may submit comments, identified by the Regulation 
Identifier Number (RIN) 1024-AE34, by any of the following methods:
     Federal eRulemaking Portal: https://www.regulations.gov. 
Search for RIN 1024-AE34 and follow the instructions for submitting 
comments.
     Mail, Hand Delivery, or Courier: Melanie O'Brien, Manager, 
National NAGPRA Program, National Park Service, 1849 C Street NW., 
Washington, DC 20240.

FOR FURTHER INFORMATION CONTACT: Melanie O'Brien, Manager, National 
NAGPRA Program, National Park Service, 1849 C Street NW., Washington, 
DC 20240, (202) 354-2204.

SUPPLEMENTARY INFORMATION:

I. Background
II. Calculation of Adjustment
III. Procedural Requirements
    A. Regulatory Planning and Review (E.O. 12866)
    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)
    I. Paperwork Reduction Act
    J. National Environmental Policy Act
    K. Effects on the Energy Supply (E.O. 13211)
    L. Clarity of This Regulation
    M. Administrative Procedure Act

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. The purpose of these adjustments is 
to maintain the deterrent effect of civil penalties and to further the 
policy goals of the underlying statutes.
    This rule adjusts the following civil monetary penalties:

----------------------------------------------------------------------------------------------------------------
                                              Description of the      Current         Catchup        Adjusted
                CFR Citation                        penalty           penalty       adjustment        penalty
----------------------------------------------------------------------------------------------------------------
43 CFR 10.12(g)(2)..........................  Failure of Museum           $5,000          $1,428          $6,428
                                               to Comply.
43 CFR 10.12(g)(3)..........................  Continued Failure            1,000             268           1,268
                                               to Comply Per Day.
----------------------------------------------------------------------------------------------------------------

II. Calculation of Adjustment

    The Office of Management and Budget (OMB) issued guidance 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. Under this guidance, the Department has 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 is 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.

III. Procedural Requirements

A. Regulatory Planning and Review (Executive Orders 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 Federal Civil Penalties Adjustment Act of 
2015 requires agencies to adjust civil penalties with an initial catch-
up adjustment through an interim final rule. An interim final rule does 
not include first publishing a proposed rule. Thus, the RFA does not 
apply to this final rule.

C. Small Business Regulatory Enforcement Fairness Act

    This rule is not a major rule under 5 U.S.C. 804(2), the Small 
Business Regulatory Enforcement Fairness Act. This rule:
    (a) Does not have an annual effect on the economy of $100 million 
or more.

[[Page 41859]]

    (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 statement 
containing the information required by the Unfunded Mandates Reform Act 
(2 U.S.C. 1531 et seq.) is not required.

E. Takings (Executive Order 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 (Executive Order 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 (Executive Order 12988)

    This rule complies with the requirements of Executive Order 12988. 
Specifically, this rule:
    (a) Meets the criteria of section 3(a) requiring that all 
regulations be reviewed to eliminate errors and ambiguity and be 
written to minimize litigation; and
    (b) Meets the criteria of section 3(b)(2) requiring that all 
regulations be written in clear language and contain clear legal 
standards.

H. Consultation With Indian Tribes (Executive Order 13175 and 
Department 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.

K. Effects on the Energy Supply (Executive Order 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. Clarity of This Regulation

    We are required by Executive Orders 12866 (section 1(b)(12)), 12988 
(section 3(b)(1)(B)), and 13563 (section 1(a)), and by the Presidential 
Memorandum of June 1, 1998, to write all rules in plain language. This 
means that each rule we publish must:
    (a) Be logically organized;
    (b) Use the active voice to address readers directly;
    (c) Use common, everyday words and clear language rather than 
jargon;
    (d) Be divided into short sections and sentences; and
    (e) Use lists and tables wherever possible.
    If you feel that we have not met these requirements, send us 
comments by one of the methods listed in the ADDRESSES section. To 
better help us revise the rule, your comments should be as specific as 
possible. For example, you should tell us the numbers of the sections 
or paragraphs that you find unclear, which sections or sentences are 
too long, the sections where you feel lists or tables would be useful, 
etc.

M. Administrative Procedure Act

    The Act requires agencies to publish interim final rules by July 1, 
2016, with an effective date for the adjusted penalties no later than 
August 1, 2016. To comply with the Act, we are issuing these 
regulations as an interim final rule and are requesting comments post-
promulgation. Section 553(b) of the Administrative Procedure Act (APA) 
provides that, when an agency for good cause finds that ``notice and 
public procedure . . . are impracticable, unnecessary, or contrary to 
the public interest,'' the agency may issue a rule without providing 
notice and an opportunity for prior public comment. The Office of the 
Secretary finds that there is good cause to promulgate this rule 
without first providing for public comment. It would not be possible to 
meet the deadlines imposed by the Act if we were to first publish a 
proposed rule, allow the public sufficient time to submit comments, 
analyze the comments, and publish a final rule. Also, the Office of the 
Secretary is promulgating this final rule to implement the statutory 
directive in the Act, which requires agencies to publish an interim 
final rule and to update the civil penalty amounts by applying a 
specified formula. The Office of the Secretary has no discretion to 
vary the amount of the adjustment to reflect any views or suggestions 
provided by commenters. Accordingly, it would serve no purpose to 
provide an opportunity for pre-promulgation public comment on this 
rule. Thus, pre-promulgation notice and public comment is impracticable 
and unnecessary.

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:

[[Page 41860]]

0
a. In paragraph (g)(2) introductory text, remove ``$5,000'' and add in 
its place ``$6,428''.
0
b. In paragraph (g)(3), remove ``$1,000'' and add in its place 
``$1,268''.

    Dated: June 8, 2016.
Michael Bean,
Principal Deputy Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 2016-15168 Filed 6-27-16; 8:45 am]
 BILLING CODE 4310-EJ-P

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