Civil Penalties Inflation Adjustments, 42478-42482 [2016-15534]

Download as PDF 42478 Federal Register / Vol. 81, No. 126 / Thursday, June 30, 2016 / Rules and Regulations Effective Dates of New Penalties PART 1—GENERAL PROCEDURES The Adjustment Improvements Act applies to civil penalties assessed after the effective date of the applicable adjustment, including civil penalties whose associated violation predated the effective date.24 The Act does not retrospectively change previously assessed or enforced civil penalties. Procedural Requirements The Commission finds good cause for adopting this interim final rule without advance public notice or an opportunity for prior public comment. Advance opportunity for notice and comment are not required ‘‘when the agency for good cause finds (and incorporates the findings and a brief statement of reasons therefore in the rules issued) that notice and public procedure thereon are impracticable, unnecessary, or contrary to the public interest.’’ 5 U.S.C. 553(b)(3)(B). The Adjustment Improvements Act directs agencies to promulgate the required inflation adjustments through an interim final rulemaking by no later than July 1, 2016. Pursuant to this Congressional mandate, and because the Commission must adjust its civil penalties according to the statutory formula identified in the Adjustment Improvements Act, the Commission finds that good cause exists to forego prior public notice and comment under the APA. Id. These adjustments are mandated by statute and do not involve the exercise of Commission discretion or any policy judgments. Accordingly, the Commission finds that prior public notice and comment is unnecessary. For this reason, the requirements of the Regulatory Flexibility Act (‘‘RFA’’) also do not apply.25 Finally, this rule does not contain any collection of information requirements as defined by the Paperwork Reduction Act of 1995 as amended. 44 U.S.C. 3501 et seq. List of Subjects for 16 CFR Part 1 Administrative practice and procedure, Penalties, Trade practices. srobinson on DSK5SPTVN1PROD with RULES Text of Amendments For the reasons set forth in the preamble, the Federal Trade Commission amends Title 16, chapter I, subchapter A, of the Code of Federal Regulations, as follows: 24 Public Law 114–74, 701(b)(3) (amending section 6 of the FCPIAA). 25 A regulatory flexibility analysis under the RFA is required only when an agency must publish a notice of proposed rulemaking for comment. See 5 U.S.C. 603. VerDate Sep<11>2014 20:00 Jun 29, 2016 Jkt 238001 ■ 1. Revise subpart L to read as follows: Subpart L—Civil Penalty Adjustments Under the Federal Civil Penalties Inflation Adjustment Act of 1990, as Amended Authority: 28 U.S.C. 2461 note. This section makes inflation adjustments in the dollar amounts of civil monetary penalties provided by law within the Commission’s jurisdiction. The following maximum civil penalty amounts apply only to penalties assessed after August 1, 2016, including those penalties whose associated violation predated August 1, 2016. (a) Section 7A(g)(1) of the Clayton Act, 15 U.S.C. 18a(g)(1)—$40,000; (b) Section 11(l) of the Clayton Act, 15 U.S.C. 21(l)—$21,250; (c) Section 5(l) of the FTC Act, 15 U.S.C. 45(l)—$40,000; (d) Section 5(m)(1)(A) of the FTC Act, 15 U.S.C. 45(m)(1)(A)—$40,000; (e) Section 5(m)(1)(B) of the FTC Act, 15 U.S.C. 45(m)(1)(B)—$40,000; (f) Section 10 of the FTC Act, 15 U.S.C. 50—$525; (g) Section 5 of the Webb-Pomerene (Export Trade) Act, 15 U.S.C. 65—$525; (h) Section 6(b) of the Wool Products Labeling Act, 15 U.SC. 68d(b)—$525; (i) Section 3(e) of the Fur Products Labeling Act, 15 U.S.C. 69a(e)—$525; (j) Section 8(d)(2) of the Fur Products Labeling Act, 15 U.S.C. 69f(d)(2)—$525; (k) Section 333(a) of the Energy Policy and Conservation Act, 42 U.S.C. 6303(a)—$433; (l) Sections 525(a) and (b) of the Energy Policy and Conservation Act, 42 U.S.C. 6395(a) and (b), respectively— $21,250 and $40,000, respectively; (m) Section 621(a)(2) of the Fair Credit Reporting Act, 15 U.S.C. 1681s(a)(2)—$3,756; (n) Section 1115(a) of the Medicare Prescription Drug Improvement and Modernization Act of 2003, Public Law 108–173, 21 U.S.C. 355 note—$14,142; (o) Section 814(a) of the Energy Independence and Security Act of 2007, 42 U.S.C. 17304—$1,138,330; and (p) Civil monetary penalties authorized by reference to the Federal Trade Commission Act under any other provision of law within the jurisdiction of the Commission—refer to the amounts set forth in paragraphs (c), (d), (e) and (f) of this section, as applicable. Frm 00026 Fmt 4700 Sfmt 4700 [FR Doc. 2016–15302 Filed 6–29–16; 8:45 am] BILLING CODE 6750–01–P DEPARTMENT OF THE INTERIOR Bureau of Indian Affairs § 1.98 Adjustment of civil monetary penalty amounts. PO 00000 By direction of the Commission. April Tabor, Acting Secretary. [167A2100DD/AAKC001030/ A0A501010.999900 253G] 25 CFR Parts 140, 141, 211, 213, 225, 226, 227, 243, 249 RIN 1076–AF32 Civil Penalties Inflation Adjustments Bureau of Indian Affairs, Interior. ACTION: Interim final rule. AGENCY: This rule adjusts the level of civil monetary penalties contained in Indian Affairs regulations with an initial ‘‘catch-up’’ adjustment under the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 and Office of Management and Budget (OMB) guidance. DATES: This rule is effective on August 1, 2016. Comments will be accepted until August 29, 2016. ADDRESSES: You may submit comments by any of the following methods: • Federal eRulemaking Portal: www.regulations.gov. Search for Docket No. BIA–2016–0004 and follow the instructions for submitting comments. • Mail, Hand Delivery, or Courier: Elizabeth Appel, Director, Office of Regulatory Affairs and Collaborative Action—Indian Affairs, U.S. Dept. of the Interior, 1849 C Street NW., Mail Stop 3642, Washington, DC 20240. FOR FURTHER INFORMATION CONTACT: Elizabeth Appel, Director, Office of Regulatory Affairs and Collaborative Action, Office of the Assistant Secretary—Indian Affairs; telephone (202) 273–4680, elizabeth.appel@ bia.gov. SUMMARY: SUPPLEMENTARY INFORMATION: I. Background II. Description of Changes 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) E:\FR\FM\30JNR1.SGM 30JNR1 Federal Register / Vol. 81, No. 126 / Thursday, June 30, 2016 / Rules and Regulations 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 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. This rule adjusts the level of civil monetary penalties within those parts of Title 25 of the Code of Federal Regulations that fall under Chapter I, the Bureau of Indian Affairs. This rule does not affect criminal penalties, such as those at 25 CFR 273.15. This rule does not affect Chapter V, Bureau of Indian Affairs, and Indian Health Service or Chapter VI, Office of the Assistant Secretary, Indian Affairs, because those chapters contain no civil monetary penalties. This rule Description of penalty 25 CFR 140.3 ............. 25 CFR 141.50 ........... Penalty for trading in Indian country without a license ...................... Penalty for trading on Navajo, Hopi or Zuni reservations without a license. Penalty for violation of leases of Tribal land for mineral development, violation of part 211, or failure to comply with a notice of noncompliance or cessation order. Penalty for failure of lessee to comply with lease of restricted lands of members of the Five Civilized Tribes in Oklahoma for mining, operating regulations at part 213, or orders. Penalty for violation of minerals agreement, regulations at part 225, other applicable laws or regulations, or failure to comply with a notice of noncompliance or cessation order. Penalty for violation of lease of Osage reservation lands for oil and gas mining or regulations at part 226, or noncompliance with the Superintendent’s order. Penalty per day for failure to obtain permission to start operations .. Penalty per day for failure to file records ........................................... Penalty for each well and tank battery for failure to mark wells and tank batteries. Penalty each day after operations are commenced for failure to construct and maintain pits. Penalty for failure to comply with requirements regarding valve or other approved controlling device. Penalty for failure to notify Superintendent before drilling, redrilling, deepening, plugging, or abandoning any well. Penalty per day for failure to properly care for and dispose of deleterious fluids. Penalty per day for failure to file plugging and other required reports. Penalty for failure of lessee of certain lands in Wind River Indian Reservation, Wyoming, for oil and gas mining to comply with lease provisions, operating regulations, regulations at part 227, or orders. Penalty for non-Native transferees of live Alaskan reindeer who violates part 243, takes reindeer without a permit, or fails to abide by permit terms.. Penalty for fishing in violation of regulations at part 249 (Off-Reservation Treaty Fishing).. 25 CFR 211.55 ........... 25 CFR 213.37 ........... 25 CFR 225.37 ........... 25 CFR 226.42 ........... 25 CFR 226.43(a) ....... 25 CFR 226.43(b) ....... 25 CFR 226.43(c) ....... 25 CFR 226.43(d) ....... 25 CFR 226.43(e) ....... 25 CFR 226.43(f) ........ 25 CFR 226.43(g) ....... 25 CFR 226.43(h) ....... 25 CFR 227.24 ........... 25 CFR 243.8 ............. 25 CFR 249.6(b) ......... II. Calculation of Adjustment srobinson on DSK5SPTVN1PROD with RULES does not affect Chapter III, National Indian Gaming Commission, or Chapter IV, Office of Navajo and Hopi Indian Relocation, because those respective offices will determine whether it is necessary to issue separate rulemakings. 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, as calculated in accordance with the procedures described in Section II, Calculation of Adjustment: The 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 of the Interior (Department) VerDate Sep<11>2014 20:00 Jun 29, 2016 Jkt 238001 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, PO 00000 Frm 00027 Fmt 4700 Catchup adjustment multiplier Current penalty CFR Citation Sfmt 4700 42479 Adjusted penalty $500 500 2.50000 2.50000 $1,250 1,250 1,000 1.50245 1,502 500 2.50000 1,250 1,000 1.59089 1,591 500 1.78156 891 50 50 50 1.78156 1.78156 1.78156 89 89 89 50 1.78156 89 100 1.78156 178 200 1.78156 356 500 1.78156 891 50 1.78156 89 500 2.50000 1,250 5,000 1.17858 5,893 500 2.50000 1,250 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. E:\FR\FM\30JNR1.SGM 30JNR1 42480 Federal Register / Vol. 81, No. 126 / Thursday, June 30, 2016 / Rules and Regulations III. Procedural Requirements A. Regulatory Planning and Review (E.O. 12866 and 13563) Executive Order (E.O.) 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. srobinson on DSK5SPTVN1PROD with RULES 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; VerDate Sep<11>2014 20:00 Jun 29, 2016 Jkt 238001 (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 (E.O. 12630) This rule does not affect a taking of private property or otherwise have taking implications under E.O. 12630. A takings implication assessment is not required. F. Federalism (E.O. 13132) Under the criteria in section 1 of E.O. 13132, this rule does not have sufficient federalism implications to warrant the preparation of a federalism summary impact statement. 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 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 E.O. 13175 and have determined that is 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, PO 00000 Frm 00028 Fmt 4700 Sfmt 4700 and a submission to the OMB under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.) is not required. We may not conduct or sponsor, and you are not required to respond to, a collection of information unless it displays a currently valid OMB control number. J. National Environmental Policy Act This rule does not constitute a major Federal action significantly affecting the quality of the human environment. A detailed statement under the National Environmental Policy Act of 1969 (NEPA) is not required because 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 E.O. 13211. A Statement of Energy Effects is not required. L. Clarity of This Regulation We are required by E.O. 12866 (section 1(b)(12)), and 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 think 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 E:\FR\FM\30JNR1.SGM 30JNR1 Federal Register / Vol. 81, No. 126 / Thursday, June 30, 2016 / Rules and Regulations 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 Bureau of Indian Affairs (BIA) 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, BIA 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 the specified formula. BIA 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. 25 CFR Part 140 Business and industry, Indians, Penalties. 25 CFR Part 249 Fishing, Indians. For the reasons given in the preamble, the Department of the Interior amends Chapter I of title 25 Code of Federal Regulations as follows. PART 140—LICENSED INDIAN TRADERS 1. The authority citation for part 140 is revised to read as follows: ■ Authority: Sec. 5, 19 Stat. 200, sec. 1, 31 Stat. 1066 as amended; 25 U.S.C. 261, 262; 94 Stat. 544, 18 U.S.C. 437; 25 U.S.C. 2 and 9; 5 U.S.C. 301; and Sec. 701, Pub. L. 114– 74, 129 Stat. 599, unless otherwise noted. § 140.3 [Amended] 2. In § 140.3, remove ‘‘$500’’ and add in its place ‘‘$1,250’’. ■ PART 141—BUSINESS PRACTICES ON THE NAVAJO, HOPI AND ZUNI RESERVATIONS 3. The authority citation for part 141 is revised to read as follows: ■ [Amended] PART 211—LEASING OF TRIBAL LANDS FOR MINERAL DEVELOPMENT Geothermal energy, Indians—lands, Mineral resources, Mines, Oil and gas exploration, Reporting and recordkeeping requirements. 25 CFR Part 213 Indians—lands, Mineral resources, Mines, Oil and gas exploration, Reporting and recordkeeping requirements. 5. The authority citation for part 211 is revised to read as follows: ■ Authority: Sec. 4, Act of May 11, 1938 (52 Stat. 347); Act of August 1, 1956 (70 Stat. 744); 25 U.S.C. 396a–g; 25 U.S.C. 2 and 9; and Sec. 701, Pub. L. 114–74, 129 Stat. 599, unless otherwise noted. § 211.55 § 213.37 [Amended] 8. In § 213.37, remove ‘‘$500’’ and add in its place ‘‘$1,250’’. 4. In § 141.50, remove ‘‘five hundred dollars ($500)’’ and add in its place ‘‘$1,250’’. 25 CFR Part 211 [Amended] 6. In § 211.55(a), remove ‘‘$1,000’’ and add in its place ‘‘$1,502’’. PART 225—OIL AND GAS, GEOTHERMAL AND SOLID MINERALS AGREEMENTS 9. The authority citation for part 225 is revised to read as follows: ■ Authority: 25 U.S.C. 2, 9, and 2101–2108; and Sec. 701, Pub. L. 114–74, 129 Stat. 599. § 225.37 [Amended] 10. In § 225.37(a), remove ‘‘$1,000’’ and add in its place ‘‘$1,591’’. ■ PART 226—LEASING OF OSAGE RESERVATION LANDS FOR OIL AND GAS MINING 9. The authority citation for part 226 is revised to read as follows: ■ Authority: Sec. 3, 34 Stat. 543; secs. 1, 2, 45 Stat. 1478; sec. 3, 52 Stat. 1034, 1035; sec. 2(a), 92 Stat. 1660; and Sec. 701, Pub. L. 114– 74, 129 Stat. 599. § 226.42 [Amended] 10. In § 226.42, remove ‘‘$500’’ and add in its place ‘‘$891’’. ■ § 226.43 [Amended] 11. In § 226.43: ■ a. Remove ‘‘$50’’ each time it appears and add in each place ‘‘$89’’ wherever it appears in this section. ■ b. In paragraph (e), remove ‘‘$100’’ and add in its place ‘‘$178’’. ■ c. In paragraph (f), remove ‘‘$200’’ and add in its place ‘‘$356’’. ■ d. In paragraph (g), remove ‘‘$500’’ and add in its place ‘‘$891’’. ■ PART 227—LEASING OF CERTAIN LANDS IN WIND RIVER INDIAN RESERVATION, WYOMING, FOR OIL AND GAS MINING 12. The authority citation for part 227 is revised to read as follows: ■ Authority: Sec. 1, 39 Stat. 519; and Sec. 701, Pub. L. 114–74, 129 Stat. 599, unless otherwise noted. ■ 25 CFR Part 225 srobinson on DSK5SPTVN1PROD with RULES 25 CFR Part 243 Indians, Livestock. ■ ■ Business and industry, Credit, Indians—business and finance, Penalties. Geothermal energy, Indians—lands, Mineral resources, Mines, Oil and gas exploration, Penalties, Reporting and recordkeeping requirements, Surety bonds. PART 213—LEASING OF RESTRICTED LANDS FOR MEMBERS OF FIVE CIVILIZED TRIBES, OKLAHOMA, FOR MINING § 227.24 [Amended] 13. In § 227.24, remove ‘‘$500’’ and add in its place ‘‘$1,250’’. ■ PART 243—REINDEER IN ALASKA Indians—lands. Jkt 238001 ■ 14. The authority citation for part 243 is revised to read as follows: Authority: Sec. 2, 35 Stat. 312; sec. 18, 41 Stat. 426; sec. 1, 45 Stat. 495; sec. 1, 47 Stat. 25 CFR Part 226 20:00 Jun 29, 2016 777; 25 U.S.C. 356; and Sec. 701, Pub. L. 114–74, 129 Stat. 599. Interpret or apply secs. 3, 11, 35 Stat. 313, 316; sec. 8, 47 Stat. 779, unless otherwise noted. § 141.50 25 CFR Part 141 VerDate Sep<11>2014 25 CFR Part 227 Indians—lands, Mineral resources, Mines, Oil and gas exploration, Reporting and recordkeeping requirements. Authority: 5 U.S.C. 301; 25 U.S.C. 2 and 9; and Sec. 701, Pub. L. 114–74, 129 Stat. 599, unless otherwise noted. List of Subjects 42481 Authority: Sec. 12, 50 Stat. 902; 25 U.S.C. 500K; and Sec. 701, Pub. L. 114–74, 129 Stat. 599. ■ 7. The authority citation for part 213 is revised to read as follows: PO 00000 Frm 00029 Fmt 4700 Sfmt 4700 E:\FR\FM\30JNR1.SGM 30JNR1 42482 § 243.8 Federal Register / Vol. 81, No. 126 / Thursday, June 30, 2016 / Rules and Regulations [Amended] ■ 15. In § 243.8(a), remove ‘‘$5000.00’’ and add in its place ‘‘$5,893’’. collection of information in these regulations will be reflected in the OMB Form 83–1, Paperwork Reduction Act Submission, associated with Form 8975. PART 249—OFF-RESERVATION TREATY FISHING Background 16. The authority citation for part 249 is revised to read as follows: ■ Authority: 25 U.S.C. 2, and 9; 5 U.S.C. 301; and Sec. 701, Pub. L. 114–74, 129 Stat. 599, unless otherwise noted. § 249.6 [Amended] 17. In § 249.6(b), remove ‘‘$500’’ and add in its place ‘‘$1,250’’. ■ Dated: June 24, 2016. Lawrence S. Roberts, Acting Assistant Secretary—Indian Affairs. [FR Doc. 2016–15534 Filed 6–29–16; 8:45 am] BILLING CODE 4337–15–P This document contains amendments to 26 CFR part 1. On December 23, 2015, a notice of proposed rulemaking (REG– 109822–15) relating to the furnishing of country-by-country (CbC) reports by certain United States persons (U.S. persons) was published in the Federal Register (80 FR 79795). A public hearing was requested and was held on May 13, 2016. Comments responding to the notice of proposed rulemaking were received. After consideration of the comments, the proposed regulations are adopted as amended by this Treasury decision. The public comments and revisions are discussed below. DEPARTMENT OF THE TREASURY Summary of Comments and Explanation of Revisions Internal Revenue Service 1. United States Participation in CbC Reporting 26 CFR Part 1 [TD 9773] RIN 1545–BM70 Country-by-Country Reporting Internal Revenue Service (IRS), Treasury. ACTION: Final regulations. AGENCY: This document contains final regulations that require annual countryby-country reporting by certain United States persons that are the ultimate parent entity of a multinational enterprise group. The final regulations affect United States persons that are the ultimate parent entity of a multinational enterprise group that has annual revenue for the preceding annual accounting period of $850,000,000 or more. SUMMARY: Effective Date: These regulations are effective June 30, 2016. Applicability Date: For dates of applicability, see § 1.6038–4(k). FOR FURTHER INFORMATION CONTACT: Melinda E. Harvey, (202) 317–6934 (not a toll-free number). SUPPLEMENTARY INFORMATION: DATES: srobinson on DSK5SPTVN1PROD with RULES Paperwork Reduction Act The IRS intends that the information collection requirements in these regulations will be satisfied by submitting a new reporting form, Form 8975, Country-by-Country Report, with an income tax return. For purposes of the Paperwork Reduction Act, the reporting burden associated with the VerDate Sep<11>2014 20:00 Jun 29, 2016 Jkt 238001 Multiple comments expressed support for the implementation of CbC reporting in the United States. However, one comment recommended that the Treasury Department and the IRS decline to implement CbC reporting because, according to the comment, U.S. multinational enterprise (MNE) groups’ direct costs of compliance will exceed the United States Treasury’s revenue gains, and there will be high, unanticipated costs from inadvertent disclosures of sensitive information. This recommendation is not adopted. U.S. MNE groups will be subject to CbC filing obligations in other countries in which they do business if the United States does not implement CbC reporting. Thus, a decision by the Treasury Department and the IRS not to implement CbC reporting will result in no compliance cost savings to U.S. MNE groups. In fact, failure to adopt CbC reporting requirements in the United States may increase compliance costs because U.S. MNE groups may be subject to CbC filing obligations in multiple foreign tax jurisdictions. U.S. MNE groups might also be subject to varying CbC filing rules and requirements in different foreign tax jurisdictions, such as requirements to prepare the CbC report using the local currency or language. In addition, CbC reports filed with the IRS and exchanged pursuant to a competent authority arrangement benefit from the confidentiality requirements, data safeguards, and appropriate use restrictions in the competent authority arrangement. If a PO 00000 Frm 00030 Fmt 4700 Sfmt 4700 foreign tax jurisdiction fails to meet the confidentiality requirements, data safeguards, and appropriate use restrictions set forth in the competent authority arrangement, the United States will pause exchanges of all reports with that tax jurisdiction. Moreover, if such tax jurisdiction has adopted CbC reporting rules that are consistent with the 2015 Final Report for Action 13 (Transfer Pricing Documentation and Country-by-Country Reporting) of the Organisation for Economic Co-operation and Development (OECD) and Group of Twenty (G20) Base Erosion and Profit Shifting (BEPS) Project (Final BEPS Report), the tax jurisdiction will not be able to require any constituent entity of the U.S. MNE group in the tax jurisdiction to file a CbC report. The ability of the United States to pause exchange creates an additional incentive for foreign tax jurisdictions to uphold the confidentiality requirements, data safeguards, and appropriate use restrictions in the competent authority arrangement. 2. Form 8975, Country-by-Country Report At the time of publication of the proposed regulations, the country-bycountry reporting form described in the proposed regulations had not been officially numbered and was referred to in the proposed regulations as Form XXXX, Country-by-Country Report. The country-by-country reporting form remains under development but has been officially numbered. The final regulations amend the proposed regulations to reflect the official number of the form, Form 8975, Country-byCountry Report, (Form 8975 or CbCR). 3. Constituent Entities and Persons Required To File Form 8975 In the preamble to the proposed regulations, the Treasury Department and the IRS requested comments regarding whether additional guidance was needed for determining which U.S. persons must file Form 8975 or which entities are considered constituent entities of the filer. Specifically, the Treasury Department and the IRS requested comments on whether additional guidance on the definition of a U.S. MNE group was necessary to address situations where U.S. generally accepted accounting principles (GAAP) or U.S. securities regulations permit or require consolidated financial accounting for reasons other than majority ownership, as well as situations, if any, where U.S. GAAP or U.S. securities regulations permit separate financial accounting with respect to majority-owned enterprises. E:\FR\FM\30JNR1.SGM 30JNR1

Agencies

[Federal Register Volume 81, Number 126 (Thursday, June 30, 2016)]
[Rules and Regulations]
[Pages 42478-42482]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-15534]


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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs

[167A2100DD/AAKC001030/A0A501010.999900 253G]

25 CFR Parts 140, 141, 211, 213, 225, 226, 227, 243, 249

RIN 1076-AF32


Civil Penalties Inflation Adjustments

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Interim final rule.

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SUMMARY: This rule adjusts the level of civil monetary penalties 
contained in Indian Affairs regulations with an initial ``catch-up'' 
adjustment under the Federal Civil Penalties Inflation Adjustment Act 
Improvements Act of 2015 and Office of Management and Budget (OMB) 
guidance.

DATES: This rule is effective on August 1, 2016. Comments will be 
accepted until August 29, 2016.

ADDRESSES: You may submit comments by any of the following methods:
     Federal eRulemaking Portal: www.regulations.gov. Search 
for Docket No. BIA-2016-0004 and follow the instructions for submitting 
comments.
     Mail, Hand Delivery, or Courier: Elizabeth Appel, 
Director, Office of Regulatory Affairs and Collaborative Action--Indian 
Affairs, U.S. Dept. of the Interior, 1849 C Street NW., Mail Stop 3642, 
Washington, DC 20240.

FOR FURTHER INFORMATION CONTACT: Elizabeth Appel, Director, Office of 
Regulatory Affairs and Collaborative Action, Office of the Assistant 
Secretary--Indian Affairs; telephone (202) 273-4680, 
elizabeth.appel@bia.gov.

SUPPLEMENTARY INFORMATION: 

I. Background
II. Description of Changes
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)

[[Page 42479]]

    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 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. This rule adjusts the level of civil monetary penalties 
within those parts of Title 25 of the Code of Federal Regulations that 
fall under Chapter I, the Bureau of Indian Affairs. This rule does not 
affect criminal penalties, such as those at 25 CFR 273.15. This rule 
does not affect Chapter V, Bureau of Indian Affairs, and Indian Health 
Service or Chapter VI, Office of the Assistant Secretary, Indian 
Affairs, because those chapters contain no civil monetary penalties. 
This rule does not affect Chapter III, National Indian Gaming 
Commission, or Chapter IV, Office of Navajo and Hopi Indian Relocation, 
because those respective offices will determine whether it is necessary 
to issue separate rulemakings.
    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, as calculated in accordance with the procedures described in 
Section II, Calculation of Adjustment:

----------------------------------------------------------------------------------------------------------------
                                                                                      Catchup
         CFR Citation                Description of penalty           Current       adjustment       Adjusted
                                                                      penalty       multiplier        penalty
----------------------------------------------------------------------------------------------------------------
25 CFR 140.3..................  Penalty for trading in Indian               $500         2.50000          $1,250
                                 country without a license.
25 CFR 141.50.................  Penalty for trading on Navajo,               500         2.50000           1,250
                                 Hopi or Zuni reservations
                                 without a license.
25 CFR 211.55.................  Penalty for violation of leases            1,000         1.50245           1,502
                                 of Tribal land for mineral
                                 development, violation of part
                                 211, or failure to comply with
                                 a notice of noncompliance or
                                 cessation order.
25 CFR 213.37.................  Penalty for failure of lessee to             500         2.50000           1,250
                                 comply with lease of restricted
                                 lands of members of the Five
                                 Civilized Tribes in Oklahoma
                                 for mining, operating
                                 regulations at part 213, or
                                 orders.
25 CFR 225.37.................  Penalty for violation of                   1,000         1.59089           1,591
                                 minerals agreement, regulations
                                 at part 225, other applicable
                                 laws or regulations, or failure
                                 to comply with a notice of
                                 noncompliance or cessation
                                 order.
25 CFR 226.42.................  Penalty for violation of lease               500         1.78156             891
                                 of Osage reservation lands for
                                 oil and gas mining or
                                 regulations at part 226, or
                                 noncompliance with the
                                 Superintendent's order.
25 CFR 226.43(a)..............  Penalty per day for failure to                50         1.78156              89
                                 obtain permission to start
                                 operations.
25 CFR 226.43(b)..............  Penalty per day for failure to                50         1.78156              89
                                 file records.
25 CFR 226.43(c)..............  Penalty for each well and tank                50         1.78156              89
                                 battery for failure to mark
                                 wells and tank batteries.
25 CFR 226.43(d)..............  Penalty each day after                        50         1.78156              89
                                 operations are commenced for
                                 failure to construct and
                                 maintain pits.
25 CFR 226.43(e)..............  Penalty for failure to comply                100         1.78156             178
                                 with requirements regarding
                                 valve or other approved
                                 controlling device.
25 CFR 226.43(f)..............  Penalty for failure to notify                200         1.78156             356
                                 Superintendent before drilling,
                                 redrilling, deepening,
                                 plugging, or abandoning any
                                 well.
25 CFR 226.43(g)..............  Penalty per day for failure to               500         1.78156             891
                                 properly care for and dispose
                                 of deleterious fluids.
25 CFR 226.43(h)..............  Penalty per day for failure to                50         1.78156              89
                                 file plugging and other
                                 required reports.
25 CFR 227.24.................  Penalty for failure of lessee of             500         2.50000           1,250
                                 certain lands in Wind River
                                 Indian Reservation, Wyoming,
                                 for oil and gas mining to
                                 comply with lease provisions,
                                 operating regulations,
                                 regulations at part 227, or
                                 orders.
25 CFR 243.8..................  Penalty for non-Native                     5,000         1.17858           5,893
                                 transferees of live Alaskan
                                 reindeer who violates part 243,
                                 takes reindeer without a
                                 permit, or fails to abide by
                                 permit terms..
25 CFR 249.6(b)...............  Penalty for fishing in violation             500         2.50000           1,250
                                 of regulations at part 249 (Off-
                                 Reservation Treaty Fishing)..
----------------------------------------------------------------------------------------------------------------

II. Calculation of Adjustment

    The 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 of the Interior (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.

[[Page 42480]]

III. Procedural Requirements

A. Regulatory Planning and Review (E.O. 12866 and 13563)

    Executive Order (E.O.) 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;
    (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 (E.O. 12630)

    This rule does not affect a taking of private property or otherwise 
have taking implications under E.O. 12630. A takings implication 
assessment is not required.

F. Federalism (E.O. 13132)

    Under the criteria in section 1 of E.O. 13132, this rule does not 
have sufficient federalism implications to warrant the preparation of a 
federalism summary impact statement. 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 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 E.O. 13175 
and have determined that is 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 OMB under the Paperwork Reduction Act (44 U.S.C. 
3501 et seq.) is not required. We may not conduct or sponsor, and you 
are not required to respond to, a collection of information unless it 
displays a currently valid OMB control number.

J. National Environmental Policy Act

    This rule does not constitute a major Federal action significantly 
affecting the quality of the human environment. A detailed statement 
under the National Environmental Policy Act of 1969 (NEPA) is not 
required because 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 E.O. 13211. A Statement of Energy Effects is not required.

L. Clarity of This Regulation

    We are required by E.O. 12866 (section 1(b)(12)), and 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 think 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

[[Page 42481]]

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 Bureau of 
Indian Affairs (BIA) 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, BIA 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 the specified formula. 
BIA 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

25 CFR Part 140

    Business and industry, Indians, Penalties.

25 CFR Part 141

    Business and industry, Credit, Indians--business and finance, 
Penalties.

25 CFR Part 211

    Geothermal energy, Indians--lands, Mineral resources, Mines, Oil 
and gas exploration, Reporting and recordkeeping requirements.

25 CFR Part 213

    Indians--lands, Mineral resources, Mines, Oil and gas exploration, 
Reporting and recordkeeping requirements.

25 CFR Part 225

    Geothermal energy, Indians--lands, Mineral resources, Mines, Oil 
and gas exploration, Penalties, Reporting and recordkeeping 
requirements, Surety bonds.

25 CFR Part 226

    Indians--lands.

25 CFR Part 227

    Indians--lands, Mineral resources, Mines, Oil and gas exploration, 
Reporting and recordkeeping requirements.

25 CFR Part 243

    Indians, Livestock.

25 CFR Part 249

    Fishing, Indians.

    For the reasons given in the preamble, the Department of the 
Interior amends Chapter I of title 25 Code of Federal Regulations as 
follows.

PART 140--LICENSED INDIAN TRADERS

0
1. The authority citation for part 140 is revised to read as follows:

    Authority: Sec. 5, 19 Stat. 200, sec. 1, 31 Stat. 1066 as 
amended; 25 U.S.C. 261, 262; 94 Stat. 544, 18 U.S.C. 437; 25 U.S.C. 
2 and 9; 5 U.S.C. 301; and Sec. 701, Pub. L. 114-74, 129 Stat. 599, 
unless otherwise noted.


Sec.  140.3  [Amended]

0
2. In Sec.  140.3, remove ``$500'' and add in its place ``$1,250''.

PART 141--BUSINESS PRACTICES ON THE NAVAJO, HOPI AND ZUNI 
RESERVATIONS

0
3. The authority citation for part 141 is revised to read as follows:

    Authority: 5 U.S.C. 301; 25 U.S.C. 2 and 9; and Sec. 701, Pub. 
L. 114-74, 129 Stat. 599, unless otherwise noted.


Sec.  141.50  [Amended]

0
4. In Sec.  141.50, remove ``five hundred dollars ($500)'' and add in 
its place ``$1,250''.

PART 211--LEASING OF TRIBAL LANDS FOR MINERAL DEVELOPMENT

0
5. The authority citation for part 211 is revised to read as follows:

    Authority: Sec. 4, Act of May 11, 1938 (52 Stat. 347); Act of 
August 1, 1956 (70 Stat. 744); 25 U.S.C. 396a-g; 25 U.S.C. 2 and 9; 
and Sec. 701, Pub. L. 114-74, 129 Stat. 599, unless otherwise noted.


Sec.  211.55  [Amended]

0
6. In Sec.  211.55(a), remove ``$1,000'' and add in its place 
``$1,502''.

PART 213--LEASING OF RESTRICTED LANDS FOR MEMBERS OF FIVE CIVILIZED 
TRIBES, OKLAHOMA, FOR MINING

0
7. The authority citation for part 213 is revised to read as follows:

    Authority: Sec. 2, 35 Stat. 312; sec. 18, 41 Stat. 426; sec. 1, 
45 Stat. 495; sec. 1, 47 Stat. 777; 25 U.S.C. 356; and Sec. 701, 
Pub. L. 114-74, 129 Stat. 599. Interpret or apply secs. 3, 11, 35 
Stat. 313, 316; sec. 8, 47 Stat. 779, unless otherwise noted.


Sec.  213.37  [Amended]

0
8. In Sec.  213.37, remove ``$500'' and add in its place ``$1,250''.

PART 225--OIL AND GAS, GEOTHERMAL AND SOLID MINERALS AGREEMENTS

0
9. The authority citation for part 225 is revised to read as follows:

    Authority: 25 U.S.C. 2, 9, and 2101-2108; and Sec. 701, Pub. L. 
114-74, 129 Stat. 599.


Sec.  225.37  [Amended]

0
10. In Sec.  225.37(a), remove ``$1,000'' and add in its place 
``$1,591''.

PART 226--LEASING OF OSAGE RESERVATION LANDS FOR OIL AND GAS MINING

0
9. The authority citation for part 226 is revised to read as follows:

    Authority: Sec. 3, 34 Stat. 543; secs. 1, 2, 45 Stat. 1478; sec. 
3, 52 Stat. 1034, 1035; sec. 2(a), 92 Stat. 1660; and Sec. 701, Pub. 
L. 114-74, 129 Stat. 599.


Sec.  226.42  [Amended]

0
10. In Sec.  226.42, remove ``$500'' and add in its place ``$891''.


Sec.  226.43  [Amended]

0
11. In Sec.  226.43:

0
a. Remove ``$50'' each time it appears and add in each place ``$89'' 
wherever it appears in this section.
0
b. In paragraph (e), remove ``$100'' and add in its place ``$178''.
0
c. In paragraph (f), remove ``$200'' and add in its place ``$356''.
0
d. In paragraph (g), remove ``$500'' and add in its place ``$891''.

PART 227--LEASING OF CERTAIN LANDS IN WIND RIVER INDIAN 
RESERVATION, WYOMING, FOR OIL AND GAS MINING

0
12. The authority citation for part 227 is revised to read as follows:

    Authority: Sec. 1, 39 Stat. 519; and Sec. 701, Pub. L. 114-74, 
129 Stat. 599, unless otherwise noted.


Sec.  227.24  [Amended]

0
13. In Sec.  227.24, remove ``$500'' and add in its place ``$1,250''.

PART 243--REINDEER IN ALASKA

0
14. The authority citation for part 243 is revised to read as follows:

    Authority: Sec. 12, 50 Stat. 902; 25 U.S.C. 500K; and Sec. 701, 
Pub. L. 114-74, 129 Stat. 599.

[[Page 42482]]

Sec.  243.8  [Amended]

0
15. In Sec.  243.8(a), remove ``$5000.00'' and add in its place 
``$5,893''.

PART 249--OFF-RESERVATION TREATY FISHING

0
16. The authority citation for part 249 is revised to read as follows:

    Authority: 25 U.S.C. 2, and 9; 5 U.S.C. 301; and Sec. 701, Pub. 
L. 114-74, 129 Stat. 599, unless otherwise noted.


Sec.  249.6  [Amended]

0
17. In Sec.  249.6(b), remove ``$500'' and add in its place ``$1,250''.

    Dated: June 24, 2016.
Lawrence S. Roberts,
Acting Assistant Secretary--Indian Affairs.
[FR Doc. 2016-15534 Filed 6-29-16; 8:45 am]
BILLING CODE 4337-15-P