Protection of Archaeological Resources, 54498-54499 [2016-19343]
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54498
Federal Register / Vol. 81, No. 158 / Tuesday, August 16, 2016 / Rules and Regulations
based substituted compliance for competent
non-U.S. regulatory regimes.7 Such an
approach is practical, provides certainty and
is in keeping with the cooperative spirit of
the 2009 G–20 Pittsburgh Accords.8
[FR Doc. 2016–18854 Filed 8–15–16; 8:45 am]
BILLING CODE 6351–01–P
TENNESSEE VALLEY AUTHORITY
18 CFR Part 1312
Protection of Archaeological
Resources
Tennessee Valley Authority.
Final rule.
AGENCY:
ACTION:
This final rule amends the
regulations of the Tennessee Valley
Authority (TVA) for the protection of
archaeological resources by providing
for the issuance of petty offense
citations for violations of the
Archaeological Resources Protection Act
(ARPA) and the Antiquities Act of 1906
(AA). Amending the regulations such
that TVA law enforcement agents are
authorized to issue citations will help
prevent loss and destruction of
archaeological resources resulting from
unlawful excavations and pillage.
DATES: This final rule becomes effective
September 15, 2016.
FOR FURTHER INFORMATION CONTACT:
Ralph E. Majors, TVA, 865–632–4176;
or Erin E. Pritchard, TVA, 865–632–
2463.
SUPPLEMENTARY INFORMATION:
SUMMARY:
asabaliauskas on DSK3SPTVN1PROD with RULES
I. Legal Authority
These amendments are promulgated
under the authority of the TVA Act, as
amended, 16 U.S.C. 831–831ee, the
Archaeological Resources Protection
Act, 16 U.S.C. 470aa–470mm, and the
Antiquities Act of 1906, 16 U.S.C.431,
432 & 433.
II. Background for the Amendments
This final rule amends TVA’s
regulations implementing the
Archaeological Resources Protection Act
of 1979 (Pub. L. 96–95, as amended by
Pub. L. 100–555, Pub. L. 100–588; 93
Stat. 721; 102 Stat. 2983; 16 U.S.C.
470aa–mm) to provide for the issuance
of petty offense citations by TVA’s law
enforcement agents for violations of
ARPA or AA.
Section 10(a) of ARPA requires the
Departments of Interior, Agriculture and
7 Keynote Address of CFTC Commissioner J.
Christopher Giancarlo at The Global Forum for
Derivatives Markets, 35th Annual Burgenstock
Conference, Geneva, Switzerland, Sept. 24, 2014,
https://www.cftc.gov/PressRoom/
SpeechesTestimony/opagiancarlos-1.
8 See generally G–20 Statement.
VerDate Sep<11>2014
18:12 Aug 15, 2016
Jkt 238001
Defense and the Tennessee Valley
Authority to promulgate such uniform
rules and regulations as may be
necessary to carry out the purposes of
ARPA. The first purpose of ARPA is ‘‘to
secure, for the present and future benefit
of the American people, the protection
of archaeological resources and sites
which are on public lands and Indian
lands.’’ 16 U.S.C. 470aa(b). The uniform
regulations for ARPA originally were
published on January 6, 1984 to
implement the Act of 1979. The uniform
regulations were then revised on
January 26, 1995 to incorporate the
amendments to ARPA promulgated by
Congress in 1988.
Section 10(b) of ARPA requires each
Federal land manager (FLM) to
promulgate such regulations, consistent
with the uniform regulations under
Section 10(a), as may be appropriate for
the carrying out of the FLM’s functions
and authorities under the Act. Thus,
Section 10(b) allows individual Federal
agencies to tailor the uniform
regulations to suit their own particular
needs with a view to effectively
implementing the authorities under the
Act. TVA has adopted the uniform
regulations as its own. See 18 CFR part
1312 (1984 and 1995). This final rule
amends TVA’s ARPA regulations by
enabling TVA’s law enforcement agents
to issue petty offense citations for
violations of ARPA 1 or AA 2 occurring
on lands owned by the United States
that are entrusted to TVA.3 The issuance
of petty offense citations is consistent
with the authority granted to TVA’s law
enforcement agents under the TVA Act,
and advances the effective prosecution
of violations of ARPA and AA.
Under the TVA Act, the TVA Board
of Directors ‘‘may designate employees
of the Corporation to act as law
enforcement agents’’ to ‘‘make arrests
without warrant for any offense against
the United States committed in the
1 The prohibitions under ARPA are set out in
Sections 6(a), 6(b) and 6(c) of the Act. See 16 U.S.C.
470ee(a), (b) & (c). Any violation of these
prohibitions is subject to the criminal sanctions
prescribed in Section 6(d). See 16 U.S.C. 470ee(d).
TVA’s regulations implementing ARPA replicate
these prohibitions and criminal sanctions. See 18
CFR 1312.4.
2 The AA prohibits, among other things, the
excavation, destruction or appropriation of an
object of antiquity situated on federal lands without
the permission of the head of the agency having
jurisdiction over those lands. See 16 U.S.C. 433.
Any violation of these provisions is subject to
criminal sanctions. Id.
3 Under Section 21(a) of the TVA Act, ‘‘[a]ll
general penal statutes relating to larceny,
embezzlement, conversion, or to the improper
handling, retention, use or disposal of . . . property
of the United States, shall apply to the . . .
property of the Corporation and to . . . properties
of the United States entrusted to the Corporation.’’
16 U.S.C. 831t(a) (emphasis added).
PO 00000
Frm 00022
Fmt 4700
Sfmt 4700
agent’s presence’’ that occurs ‘‘on any
lands or facilities owned or leased by
the Corporation.’’ See 16 U.S.C. 831c–3.
Based on this authority, the final rule
amends TVA’s regulations for protection
of archaeological resources to authorize
certain TVA law enforcement agents to
issue petty offense citations for the
violation of any provision of 16 U.S.C.
470ee or 16 U.S.C. 433. Those TVA law
enforcement agents that are designated
by the Director of TVA Police and
Emergency Management for the purpose
of conducting archaeological
investigations shall have the authority
to issue petty offense citations for ARPA
or AA violations committed in the
agent’s presence on lands owned by the
United States that are entrusted to TVA.
For any such petty offense committed
on lands entrusted to TVA, the citation
may be issued at the site of the offense,
or on non-TVA land (a) when the person
committing the offense is in the process
of fleeing the site of the offense to avoid
arrest, or (b) to protect the
archaeological artifacts involved in the
commission of the offense.4 The citation
will require the person charged with the
violation to appear before a United
States Magistrate Judge within whose
jurisdiction the affected archaeological
resource is located.5
III. Comment Period
Public comment was sought for a 30day period following publication of the
proposed amendments in the Federal
Register on May 20, 2016 (81 FR 31873).
The comment period closed on June 20,
2016. No comments were received in
response to the publication of the
proposed amendments.
The final rule corrects a typographical
error in the proposed rule published on
May 20, 2016. The reference to ‘‘Title 8’’
in the final sentence of § 1312.22 (on
page 31875 of the proposed rule) has
been corrected to ‘‘Title 18’’ in this final
rule.
IV. Administrative Requirements
A. Unfunded Mandates Reform Act
and various Executive Orders including
E.O. 12866, Regulatory Planning and
Review; E.O. 12898, Federal Actions to
Address Environmental Justice in
Minority Populations and Low-Income
4 See 16 U.S.C. 831c–3(c)(2) (authorizing TVA’s
law enforcement agents to exercise their law
enforcement duties and powers on non-TVA lands
(1) when the person to be arrested is in the process
of fleeing to avoid arrest or (2) in conjunction with
the protection of TVA property.)
5 Section 3401 of Title 18, United States Code,
provides that ‘‘any United States magistrate judge
shall have jurisdiction to try persons accused of,
and sentence persons convicted of, misdemeanors
committed within that judicial district.’’ 18 U.S.C.
3401(a).
E:\FR\FM\16AUR1.SGM
16AUR1
Federal Register / Vol. 81, No. 158 / Tuesday, August 16, 2016 / Rules and Regulations
Populations; E.O. 13045, Protection of
Children from Environmental Health
Risks; E.O. 13132, Federalism; E.O.
13175, Consultation and Coordination
with Indian Tribal Governments; and
E.O. 13211, Actions Concerning
Regulations that Significantly Affect
Energy Supply, Distribution, and Use;
E.O. 12988, Civil Justice Reform Act.
This final rule amends TVA’s
regulations for the protection of
archaeological resources by providing
for issuance of petty offense citations by
TVA’s law enforcement agents for
violations of ARPA or AA. The rule is
not subject to Office of Management and
Budget Review under Executive Order
12866. The rule contains no Federal
mandates for State, local, or tribal
government or for the private sector.
TVA has determined that these
amendments will not have a significant
annual effect of $100 million or more or
result in expenditures of $100 million in
any one year by State, local, or tribal
governments or by the private sector.
Nor will the amendments have concerns
for environmental health or safety risks
that may disproportionately affect
children, have significant effect on the
supply, distribution, or use of energy, or
disproportionally impact low-income or
minority populations. Accordingly, this
final rule has no implications for any of
the referenced authorities.
asabaliauskas on DSK3SPTVN1PROD with RULES
B. Regulatory Flexibility Act
Under the Regulatory Flexibility Act,
5 U.S.C. 601 et seq., TVA is required to
prepare a regulatory flexibility analysis
unless the head of the agency certifies
that the proposal will not have a
significant economic impact on a
substantial number of small entities.
TVA’s Chief Executive Officer has
certified that the amendments
promulgated in this final rule will not
have a significant economic impact on
a substantial number of small entities
within the meaning of the Regulatory
Flexibility Act. This determination is
based on the finding that the
amendments are directed toward
Federal resource management to help
prevent loss or destruction of
archaeological resources, with no
economic impact on the public.
C. Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.)
This rule does not contain
information collection requirements that
require approval by OMB under the
Paperwork Reduction Act.
List of Subjects in 18 CFR Part 1312
Administrative practice and
procedure, Historic Preservation,
Indians—lands, Penalties, Public Lands,
VerDate Sep<11>2014
18:12 Aug 15, 2016
Jkt 238001
Reporting and recordkeeping
requirements.
For the reasons set out in the
preamble, 18 CFR part 1312 is amended
as follows:
PART 1312—PROTECTION OF
ARCHAEOLOGICAL RESOURCES:
UNIFORM REGULATIONS
1. The authority citation for Part 1312
is revised to read as follows:
■
Authority: Pub. L. 96–95, 93 Stat. 721, as
amended, 102 Stat. 2983 (16 U.S.C. 470aa–
mm) (Sec. 10(a) & (b)); 16 U.S.C. 831–831ee
(2012). Related Authority: Pub. L. 59–209, 34
Stat. 225 (16 U.S.C. 432, 433); Pub. L. 86–
523, 74 Stat. 220, 221 (16 U.S.C. 469), as
amended, 88 Stat. 174 (1974); Pub. L. 89–665,
80 Stat. 915 (16 U.S.C. 470a–t), as amended,
84 Stat. 204 (1970), 87 Stat. 139 (1973), 90
Stat. 1320 (1976), 92 Stat. 3467 (1978), 94
Stat. 2987 (1980); Pub. L. 95–341, 92 Stat.
469 (42 U.S.C. 1996)
2. In § 1312.1, a sentence is added at
the end of paragraph (a) to read as
follows:
54499
Director for that purpose shall have the
authority to issue a petty offense
citation for any such violation, requiring
any person charged with the violation to
appear before a United States Magistrate
Judge within whose jurisdiction the
archaeological resource impacted by the
violation is located. The term ‘‘petty
offense’’ has the same meaning given
that term under section 19 of Title 18,
United States Code.
Dated: August 8, 2016.
Rebecca C. Tolene,
Deputy General Counsel and Vice President,
Natural Resources.
[FR Doc. 2016–19343 Filed 8–15–16; 8:45 am]
BILLING CODE 8120–08–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Food and Drug Administration
■
§ 1312.1
Purpose.
(a)* * *. The regulations in this part
also enable TVA’s law enforcement
agents to issue petty offense citations for
violations of any provision of 16 U.S.C.
470ee or 16 U.S.C. 433.
*
*
*
*
*
■ 3. In § 1312.2, paragraph (c) is added
to read as follows:
§ 1312.2
Authority.
*
*
*
*
*
(c) Provisions pertaining to the
issuance of petty offense citations are
based on the duties and powers
assigned to TVA’s law enforcement
agents under 16 U.S.C. 831–831ee.
■ 4. In § 1312.3, paragraph (j) is added
to read as follows:
§ 1312.3
Definitions.
*
*
*
*
*
(j) Director means the Director of TVA
Police and Emergency Management
assigned the function and responsibility
of supervising TVA employees
designated as law enforcement agents
under 16 U.S.C. 831c–3(a).
■ 5. Section 1312.22 is added to read as
follows:
§ 1312.22 Issuance of citations for petty
offenses.
Any person who violates any
provision contained in 16 U.S.C. 470ee
or 16 U.S.C. 433 in the presence of a
TVA law enforcement agent may be
tried and sentenced in accordance with
the provisions of section 3401 of Title
18, United States Code. Law
enforcement agents designated by the
PO 00000
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21 CFR Parts 11 and 101
[Docket No. FDA–2011–F–0171]
Calorie Labeling of Articles of Food in
Vending Machines: Guidance for
Industry; Small Entity Compliance
Guide; Availability
AGENCY:
Food and Drug Administration,
HHS.
ACTION:
Notification of availability.
The Food and Drug
Administration (FDA or we) is
announcing the availability of a
guidance for industry entitled ‘‘Calorie
Labeling of Articles of Food in Vending
Machines—Small Entity Compliance
Guide.’’ The small entity compliance
guide (SECG) is intended to help small
entities comply with the final rule
entitled ‘‘Food Labeling; Calorie
Labeling of Articles of Food in Vending
Machines.’’
DATES: Submit either electronic or
written comments on FDA guidances at
any time.
ADDRESSES: You may submit comments
as follows:
SUMMARY:
Electronic Submissions
Submit electronic comments in the
following way:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
Comments submitted electronically,
including attachments, to https://
www.regulations.gov will be posted to
the docket unchanged. Because your
comment will be made public, you are
solely responsible for ensuring that your
comment does not include any
confidential information that you or a
E:\FR\FM\16AUR1.SGM
16AUR1
]]>Agencies
[Federal Register Volume 81, Number 158 (Tuesday, August 16, 2016)]
[Rules and Regulations]
[Pages 54498-54499]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-19343]
=======================================================================
-----------------------------------------------------------------------
TENNESSEE VALLEY AUTHORITY
18 CFR Part 1312
Protection of Archaeological Resources
AGENCY: Tennessee Valley Authority.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This final rule amends the regulations of the Tennessee Valley
Authority (TVA) for the protection of archaeological resources by
providing for the issuance of petty offense citations for violations of
the Archaeological Resources Protection Act (ARPA) and the Antiquities
Act of 1906 (AA). Amending the regulations such that TVA law
enforcement agents are authorized to issue citations will help prevent
loss and destruction of archaeological resources resulting from
unlawful excavations and pillage.
DATES: This final rule becomes effective September 15, 2016.
FOR FURTHER INFORMATION CONTACT: Ralph E. Majors, TVA, 865-632-4176; or
Erin E. Pritchard, TVA, 865-632-2463.
SUPPLEMENTARY INFORMATION:
I. Legal Authority
These amendments are promulgated under the authority of the TVA
Act, as amended, 16 U.S.C. 831-831ee, the Archaeological Resources
Protection Act, 16 U.S.C. 470aa-470mm, and the Antiquities Act of 1906,
16 U.S.C.431, 432 & 433.
II. Background for the Amendments
This final rule amends TVA's regulations implementing the
Archaeological Resources Protection Act of 1979 (Pub. L. 96-95, as
amended by Pub. L. 100-555, Pub. L. 100-588; 93 Stat. 721; 102 Stat.
2983; 16 U.S.C. 470aa-mm) to provide for the issuance of petty offense
citations by TVA's law enforcement agents for violations of ARPA or AA.
Section 10(a) of ARPA requires the Departments of Interior,
Agriculture and Defense and the Tennessee Valley Authority to
promulgate such uniform rules and regulations as may be necessary to
carry out the purposes of ARPA. The first purpose of ARPA is ``to
secure, for the present and future benefit of the American people, the
protection of archaeological resources and sites which are on public
lands and Indian lands.'' 16 U.S.C. 470aa(b). The uniform regulations
for ARPA originally were published on January 6, 1984 to implement the
Act of 1979. The uniform regulations were then revised on January 26,
1995 to incorporate the amendments to ARPA promulgated by Congress in
1988.
Section 10(b) of ARPA requires each Federal land manager (FLM) to
promulgate such regulations, consistent with the uniform regulations
under Section 10(a), as may be appropriate for the carrying out of the
FLM's functions and authorities under the Act. Thus, Section 10(b)
allows individual Federal agencies to tailor the uniform regulations to
suit their own particular needs with a view to effectively implementing
the authorities under the Act. TVA has adopted the uniform regulations
as its own. See 18 CFR part 1312 (1984 and 1995). This final rule
amends TVA's ARPA regulations by enabling TVA's law enforcement agents
to issue petty offense citations for violations of ARPA \1\ or AA \2\
occurring on lands owned by the United States that are entrusted to
TVA.\3\ The issuance of petty offense citations is consistent with the
authority granted to TVA's law enforcement agents under the TVA Act,
and advances the effective prosecution of violations of ARPA and AA.
---------------------------------------------------------------------------
\1\ The prohibitions under ARPA are set out in Sections 6(a),
6(b) and 6(c) of the Act. See 16 U.S.C. 470ee(a), (b) & (c). Any
violation of these prohibitions is subject to the criminal sanctions
prescribed in Section 6(d). See 16 U.S.C. 470ee(d). TVA's
regulations implementing ARPA replicate these prohibitions and
criminal sanctions. See 18 CFR 1312.4.
\2\ The AA prohibits, among other things, the excavation,
destruction or appropriation of an object of antiquity situated on
federal lands without the permission of the head of the agency
having jurisdiction over those lands. See 16 U.S.C. 433. Any
violation of these provisions is subject to criminal sanctions. Id.
\3\ Under Section 21(a) of the TVA Act, ``[a]ll general penal
statutes relating to larceny, embezzlement, conversion, or to the
improper handling, retention, use or disposal of . . . property of
the United States, shall apply to the . . . property of the
Corporation and to . . . properties of the United States entrusted
to the Corporation.'' 16 U.S.C. 831t(a) (emphasis added).
---------------------------------------------------------------------------
Under the TVA Act, the TVA Board of Directors ``may designate
employees of the Corporation to act as law enforcement agents'' to
``make arrests without warrant for any offense against the United
States committed in the agent's presence'' that occurs ``on any lands
or facilities owned or leased by the Corporation.'' See 16 U.S.C. 831c-
3. Based on this authority, the final rule amends TVA's regulations for
protection of archaeological resources to authorize certain TVA law
enforcement agents to issue petty offense citations for the violation
of any provision of 16 U.S.C. 470ee or 16 U.S.C. 433. Those TVA law
enforcement agents that are designated by the Director of TVA Police
and Emergency Management for the purpose of conducting archaeological
investigations shall have the authority to issue petty offense
citations for ARPA or AA violations committed in the agent's presence
on lands owned by the United States that are entrusted to TVA. For any
such petty offense committed on lands entrusted to TVA, the citation
may be issued at the site of the offense, or on non-TVA land (a) when
the person committing the offense is in the process of fleeing the site
of the offense to avoid arrest, or (b) to protect the archaeological
artifacts involved in the commission of the offense.\4\ The citation
will require the person charged with the violation to appear before a
United States Magistrate Judge within whose jurisdiction the affected
archaeological resource is located.\5\
---------------------------------------------------------------------------
\4\ See 16 U.S.C. 831c-3(c)(2) (authorizing TVA's law
enforcement agents to exercise their law enforcement duties and
powers on non-TVA lands (1) when the person to be arrested is in the
process of fleeing to avoid arrest or (2) in conjunction with the
protection of TVA property.)
\5\ Section 3401 of Title 18, United States Code, provides that
``any United States magistrate judge shall have jurisdiction to try
persons accused of, and sentence persons convicted of, misdemeanors
committed within that judicial district.'' 18 U.S.C. 3401(a).
---------------------------------------------------------------------------
III. Comment Period
Public comment was sought for a 30-day period following publication
of the proposed amendments in the Federal Register on May 20, 2016 (81
FR 31873). The comment period closed on June 20, 2016. No comments were
received in response to the publication of the proposed amendments.
The final rule corrects a typographical error in the proposed rule
published on May 20, 2016. The reference to ``Title 8'' in the final
sentence of Sec. 1312.22 (on page 31875 of the proposed rule) has been
corrected to ``Title 18'' in this final rule.
IV. Administrative Requirements
A. Unfunded Mandates Reform Act and various Executive Orders
including E.O. 12866, Regulatory Planning and Review; E.O. 12898,
Federal Actions to Address Environmental Justice in Minority
Populations and Low-Income
[[Page 54499]]
Populations; E.O. 13045, Protection of Children from Environmental
Health Risks; E.O. 13132, Federalism; E.O. 13175, Consultation and
Coordination with Indian Tribal Governments; and E.O. 13211, Actions
Concerning Regulations that Significantly Affect Energy Supply,
Distribution, and Use; E.O. 12988, Civil Justice Reform Act.
This final rule amends TVA's regulations for the protection of
archaeological resources by providing for issuance of petty offense
citations by TVA's law enforcement agents for violations of ARPA or AA.
The rule is not subject to Office of Management and Budget Review under
Executive Order 12866. The rule contains no Federal mandates for State,
local, or tribal government or for the private sector. TVA has
determined that these amendments will not have a significant annual
effect of $100 million or more or result in expenditures of $100
million in any one year by State, local, or tribal governments or by
the private sector. Nor will the amendments have concerns for
environmental health or safety risks that may disproportionately affect
children, have significant effect on the supply, distribution, or use
of energy, or disproportionally impact low-income or minority
populations. Accordingly, this final rule has no implications for any
of the referenced authorities.
B. Regulatory Flexibility Act
Under the Regulatory Flexibility Act, 5 U.S.C. 601 et seq., TVA is
required to prepare a regulatory flexibility analysis unless the head
of the agency certifies that the proposal will not have a significant
economic impact on a substantial number of small entities. TVA's Chief
Executive Officer has certified that the amendments promulgated in this
final rule will not have a significant economic impact on a substantial
number of small entities within the meaning of the Regulatory
Flexibility Act. This determination is based on the finding that the
amendments are directed toward Federal resource management to help
prevent loss or destruction of archaeological resources, with no
economic impact on the public.
C. Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.)
This rule does not contain information collection requirements that
require approval by OMB under the Paperwork Reduction Act.
List of Subjects in 18 CFR Part 1312
Administrative practice and procedure, Historic Preservation,
Indians--lands, Penalties, Public Lands, Reporting and recordkeeping
requirements.
For the reasons set out in the preamble, 18 CFR part 1312 is
amended as follows:
PART 1312--PROTECTION OF ARCHAEOLOGICAL RESOURCES: UNIFORM
REGULATIONS
0
1. The authority citation for Part 1312 is revised to read as follows:
Authority: Pub. L. 96-95, 93 Stat. 721, as amended, 102 Stat.
2983 (16 U.S.C. 470aa-mm) (Sec. 10(a) & (b)); 16 U.S.C. 831-831ee
(2012). Related Authority: Pub. L. 59-209, 34 Stat. 225 (16 U.S.C.
432, 433); Pub. L. 86-523, 74 Stat. 220, 221 (16 U.S.C. 469), as
amended, 88 Stat. 174 (1974); Pub. L. 89-665, 80 Stat. 915 (16
U.S.C. 470a-t), as amended, 84 Stat. 204 (1970), 87 Stat. 139
(1973), 90 Stat. 1320 (1976), 92 Stat. 3467 (1978), 94 Stat. 2987
(1980); Pub. L. 95-341, 92 Stat. 469 (42 U.S.C. 1996)
0
2. In Sec. 1312.1, a sentence is added at the end of paragraph (a) to
read as follows:
Sec. 1312.1 Purpose.
(a)* * *. The regulations in this part also enable TVA's law
enforcement agents to issue petty offense citations for violations of
any provision of 16 U.S.C. 470ee or 16 U.S.C. 433.
* * * * *
0
3. In Sec. 1312.2, paragraph (c) is added to read as follows:
Sec. 1312.2 Authority.
* * * * *
(c) Provisions pertaining to the issuance of petty offense
citations are based on the duties and powers assigned to TVA's law
enforcement agents under 16 U.S.C. 831-831ee.
0
4. In Sec. 1312.3, paragraph (j) is added to read as follows:
Sec. 1312.3 Definitions.
* * * * *
(j) Director means the Director of TVA Police and Emergency
Management assigned the function and responsibility of supervising TVA
employees designated as law enforcement agents under 16 U.S.C. 831c-
3(a).
0
5. Section 1312.22 is added to read as follows:
Sec. 1312.22 Issuance of citations for petty offenses.
Any person who violates any provision contained in 16 U.S.C. 470ee
or 16 U.S.C. 433 in the presence of a TVA law enforcement agent may be
tried and sentenced in accordance with the provisions of section 3401
of Title 18, United States Code. Law enforcement agents designated by
the Director for that purpose shall have the authority to issue a petty
offense citation for any such violation, requiring any person charged
with the violation to appear before a United States Magistrate Judge
within whose jurisdiction the archaeological resource impacted by the
violation is located. The term ``petty offense'' has the same meaning
given that term under section 19 of Title 18, United States Code.
Dated: August 8, 2016.
Rebecca C. Tolene,
Deputy General Counsel and Vice President, Natural Resources.
[FR Doc. 2016-19343 Filed 8-15-16; 8:45 am]
BILLING CODE 8120-08-P
