Civil Penalties Inflation Adjustments, 42478-42482 [2016-15534]
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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.
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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.
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■
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.
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[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.
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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)
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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
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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)
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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,
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Catchup
adjustment
multiplier
Current
penalty
CFR Citation
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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.
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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.
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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;
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(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,
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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
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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
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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.
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■
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
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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:
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§ 243.8
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[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]
=======================================================================
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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
