Civil Penalty Inflation Adjustment, 80994-80996 [2016-27503]
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80994
Federal Register / Vol. 81, No. 222 / Thursday, November 17, 2016 / Rules and Regulations
PART 1—INCOME TAXES
DEPARTMENT OF THE TREASURY
Paragraph 1. The authority citation
for part 1 continues to read in part as
follows:
Internal Revenue Service
Authority: 26 U.S.C. 7805 * * *
Section 1.707–5T also issued under 26
U.S.C. 707(a)(2)(B).
[TD 9788]
■
26 CFR Part 1
RIN 1545–BM84
Par. 2. Section 1.707–5T is amended
by revising paragraph (a)(2)(i); and
paragraph (f) Example 7 (i) is amended
by revising the second to last sentence.
The revisions read as follows:
■
§ 1.707–5T Disguised sales of property to
partnership; special rules relating to
liabilities (temporary).
(a) * * *
(2) * * *
(i) In general. For purposes of § 1.707–
5, a partner’s share of a liability of a
partnership, as defined in § 1.752–1(a)
(whether a recourse liability or a
nonrecourse liability) is determined by
applying the same percentage used to
determine the partner’s share of the
excess nonrecourse liability under
§ 1.752–3(a)(3) (as limited in its
application to this paragraph (a)(2)), but
such share shall not exceed the partner’s
share of the partnership liability under
section 752 and applicable regulations
(as limited in the application of § 1.752–
3(a)(3) to this paragraph (a)(2)).
*
*
*
*
*
(f) * * *
Example 7. * * *
(i) * * * For disguised sale purposes,
assume that G’s and H’s share of liability 1
is $2,000 each in accordance with paragraph
(a)(2) of this section (which determines a
partner’s share of a liability using the
percentage under § 1.752–3(a)(3), but not
exceeding the partner’s share of the liability
under section 752 and applicable
regulations). * * *
*
*
*
*
*
Martin V. Franks,
Chief, Publications and Regulations Branch,
Legal Processing Division, Associate Chief
Counsel, (Procedure and Administration).
[FR Doc. 2016–27517 Filed 11–16–16; 8:45 am]
mstockstill on DSK3G9T082PROD with RULES
BILLING CODE 4830–01–P
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Jkt 241001
Liabilities Recognized as Recourse
Partnership Liabilities Under Section
752; Correction
Internal Revenue Service (IRS),
Treasury.
ACTION: Final and temporary
regulations; correction.
AGENCY:
This document contains
corrections to final and temporary
regulations (TD 9788) that were
published in the Federal Register on
Wednesday, October 5, 2016 (81 FR
69282). The final and temporary
regulations provide rules concerning
how liabilities are allocated for
purposes of section 707 of the Internal
Revenue Code and when certain
obligations are recognized for purposes
of determining whether a liability is a
recourse partnership liability under
section 752.
DATES: This correction is effective
November 17, 2016 and is applicable on
and after January 3, 2017.
FOR FURTHER INFORMATION CONTACT:
Caroline E. Hay or Deane M. Burke (202)
317–5279 (not a toll-free number).
SUPPLEMENTARY INFORMATION:
SUMMARY:
Background
Need for Correction
As published, the final and temporary
regulations (TD 9788) contain errors that
may prove to be misleading and are in
need of clarification.
Correction of Publication
Accordingly, the final and temporary
regulations (TD 9788), that are the
subject of FR Doc. 2016–23388, are
corrected as follows:
On page 69284, in the preamble, first
column, the last sentence from the
bottom of the first full paragraph,
‘‘Therefore, the 707 Temporary
Regulations provide that a partner’s
share of a partnership liability for
disguised sale purposes does not
include any amount of the liability for
which another partner bears the EROL
for the partnership liability under
§ 1.752–2.’’ is corrected to read
‘‘Therefore, the 707 Temporary
Frm 00006
Martin V. Franks,
Chief, Publications and Regulations Branch,
Legal Processing Division, Associate Chief
Counsel, (Procedure and Administration).
[FR Doc. 2016–27516 Filed 11–16–16; 8:45 am]
BILLING CODE 4830–01–P
DEPARTMENT OF THE INTERIOR
Bureau of Safety and Environmental
Enforcement
30 CFR Part 250
[Docket ID: BSEE–2016–0010; 17XE1700DX
EEEE500000 EX1SF0000.DAQ000]
RIN 1014–AA30
Civil Penalty Inflation Adjustment
Bureau of Safety and
Environmental Enforcement, Interior.
ACTION: Final rule.
AGENCY:
This final rule adjusts the
level of the civil monetary penalty
contained in the Bureau of Safety and
Environmental Enforcement (BSEE)
regulations pursuant to the Outer
Continental Shelf Lands Act (OCSLA),
the Federal Civil Penalties Inflation
Adjustment Act Improvements Act of
2015, and Office of Management and
Budget (OMB) guidance.
DATES: Effective November 17, 2016.
FOR FURTHER INFORMATION CONTACT:
Robert Fisher, Acting Chief Safety and
Enforcement Division, Bureau of Safety
and Environmental Enforcement, (202)
208–3955 or by email: regs@bsee.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:
The final and temporary regulations
(TD 9788) that are the subject of this
correction are under sections 707 and
752 of the Internal Revenue Code.
PO 00000
Regulations provide that for purposes of
§ 1.707–5, a partner’s share of a liability
of a partnership, as defined in § 1.752–
1(a) (whether a recourse liability or a
nonrecourse liability) is determined by
applying the same percentage used to
determine the partner’s share of the
excess nonrecourse liability under
§ 1.752–3(a)(3) (as limited in its
application to § 1.707–5T(a)(2)), but
such share shall not exceed the partner’s
share of the partnership liability under
section 752 and applicable regulations
(as limited in the application of § 1.752–
3(a)(3) to § 1.707–5T(a)(2)).’’.
Fmt 4700
Sfmt 4700
I. Background
II. Calculation of Adjustment
III. Comments Received on the Interim Final
Rule
IV. Procedural Matters
A. Regulatory Planning and Review (E.O.
12866 and 13563)
B. Regulatory Flexibility Act
C. Small Business Regulatory Enforcement
Fairness Act
D. Unfunded Mandates Reform Act
E. Takings (E.O. 12630)
E:\FR\FM\17NOR1.SGM
17NOR1
Federal Register / Vol. 81, No. 222 / Thursday, November 17, 2016 / Rules and Regulations
I. Background
This final rule was initiated as a BSEE
Interim Final Rule ‘‘Civil Penalty
Inflation Adjustment,’’ which was
published in the Federal Register on
June 28, 2016. (81 FR 41801). The
Interim Final Rule (IFR) adjusted the
level of the maximum civil monetary
penalty contained in BSEE regulations
pursuant to OCSLA, the Federal Civil
Penalties Inflation Adjustment Act
Improvements Act of 2015, and OMB
guidance. The IFR was effective July 28,
2016, and the IFR comment period
closed on August 29, 2016. No
mstockstill on DSK3G9T082PROD with RULES
II. Calculation of Adjustment
On February 24, 2016, OMB issued
guidance on calculating the civil
monetary penalty adjustments pursuant
to the FCPIA of 2015. (See
Memorandum for the Heads of
Executive Departments and Agencies,
from Shaun Donovan, Director, OMB,
re: Implementation of the Federal Civil
Penalties Inflation Adjustment Act
Improvements Act of 2015). Based on
this guidance, the Department of the
Interior identified applicable civil
monetary penalties and calculated the
necessary adjustments. 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
initial calculated adjustment is based on
the percent change between the CPI for
all Urban Consumers 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.
VerDate Sep<11>2014
17:03 Nov 16, 2016
Jkt 241001
comments were received and BSEE is
finalizing the IFR as published.
OCSLA directs the Secretary of the
Interior to adjust the OCSLA maximum
civil penalty amount at least once every
three years to reflect any increase in the
Consumer Price Index (CPI) to account
for inflation. (43 U.S.C. 1350(b)(1)). The
Federal Civil Penalties Inflation
Adjustment Act of 1990 (Pub. L. 104–
410) (FCPIA of 1990) required that all
civil monetary penalties, including the
OCSLA maximum civil penalty amount,
be adjusted at least once every 4 years.
Pursuant to OCSLA and the FCPIA of
1990, the OCSLA maximum civil
penalty amount was last adjusted in
2011. (See 76 FR 38294 (June 30, 2011)).
In 2014 and 2015, BSEE performed
computations to determine if it should
increase the existing OCSLA maximum
civil penalty amount to account for
inflation. After performing those
computations, BSEE determined that
adjustments of the OCSLA maximum
civil penalty amounts were not
warranted in 2014 and 2015.
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) (FCPIA of 2015). The
FCPIA of 2015 requires Federal agencies
to adjust the level of civil monetary
penalties with an initial ‘‘catch-up’’
adjustment, if warranted, through
rulemaking and then to make
subsequent annual adjustments for
inflation. The purpose of these
adjustments is to maintain the deterrent
effect of civil penalties and to further
the policy goals of the underlying
statutes.
Pursuant to OCSLA and the FCPIA of
2015, this rule adjusts the following
maximum civil monetary penalty (per
day per violation):
For 2016, OCSLA and the FCPIA of
2015 required that BSEE adjust the
OCSLA maximum civil penalty amount
and provide for the adjustment timing.
In computing the new OCSLA
maximum civil penalty amount, in
accordance with the OMB guidance,
BSEE divided the October 2015 CPI by
the October 2011 CPI (237.838/226.421)
since BSEE last adjusted the maximum
civil penalty amount in 2011. This
resulted in a multiplying factor of
1.05042. The existing maximum civil
penalty amount ($40,000) was
multiplied by the multiplying factor
(40,000 × 1.05042 = 42,016.8). The
FCPIA of 2015 requires that the OCSLA
maximum civil penalty amount be
rounded to the nearest $1.00 at the end
of the calculation process. Accordingly,
the adjusted OCSLA maximum civil
penalty is $42,017. This increase in the
OCSLA maximum civil penalty amount
does not exceed 150 percent of the
OCSLA maximum civil penalty amount
as of November 2, 2015, as stipulated by
the FCPIA of 2015. Also, pursuant to the
FCPIA of 2015, the increase in the
OCSLA maximum civil penalty amount
applies to civil penalties assessed after
the date the increase took effect (July 28,
2016), even when the associated
violation(s) predate(s) such increase.
III. Comments Received on the Interim
Final Rule
PO 00000
Frm 00007
Fmt 4700
Sfmt 4700
Although the IFR was effective as of
July 28, 2016, the IFR included a request
for public comments. The public
comment period closed on August 29,
2016. BSEE received no comments on
the IFR and is therefore finalizing this
rulemaking as originally implemented
by the IFR.
IV. Procedural Matters
A. Regulatory Planning and Review
(E.O. 12866 and 13563)
Executive Order (E.O.) 12866 provides
that the OMB Office of Information and
Regulatory Affairs will review all
significant rules. The Office of
Information and Regulatory Affairs has
determined that this rule is not
significant.
E.O. 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. E.O.
13563 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,
E:\FR\FM\17NOR1.SGM
17NOR1
ER17NO16.076</GPH>
F. Federalism (E.O. 13132)
G. Civil Justice Reform (E.O. 12988)
H. Consultation With Indian Tribes (E.O.
13175 and Departmental Policy)
I. Paperwork Reduction Act
J. National Environmental Policy Act
K. Effects on the Energy Supply (E.O.
13211)
L. Administrative Procedure Act
80995
80996
Federal Register / Vol. 81, No. 222 / Thursday, November 17, 2016 / Rules and Regulations
and consistent with regulatory
objectives. E.O. 13563 further
emphasizes 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 all
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)). Because the FCPIA of 2015
requires agencies to adjust penalties for
the catch-up adjustment through an
interim final rulemaking, agencies are
not required to complete a notice and
comment process prior to promulgation.
Thus, the RFA does not apply to this
rulemaking.
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:
(1) Does not have an annual effect on
the economy of $100 million or more.
(2) Will not cause a major increase in
costs or prices for consumers,
individual industries, Federal, State, or
local government agencies, or
geographic regions.
(3) 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.
mstockstill on DSK3G9T082PROD with RULES
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.
Therefore, 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 effect a taking of
private property or otherwise have
takings implications under E.O. 12630.
Therefore, a takings implication
assessment is not required.
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17:03 Nov 16, 2016
Jkt 241001
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. Therefore, 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:
(1) 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
(2) Meets the criteria of section 3(b)(2)
requiring that all regulations be written
in clear language and contain clear legal
standards.
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. Therefore, a Statement of Energy
Effects is not required.
List of Subjects in 30 CFR Part 250
Administrative practice and
procedure, Continental shelf,
Environmental impact statements,
Environmental protection, Government
contracts, Incorporation by reference,
Investigations, Oil and gas exploration,
Penalties, Pipelines, Continental Shelf—
mineral resources, Continental Shelf—
rights-of-way, Reporting and
recordkeeping requirements, Sulfur.
H. Consultation With Indian Tribes
(E.O. 13175 and Departmental Policy)
The Department of the Interior strives
to strengthen its government-togovernment relationship with Indian
tribes through a commitment to
consultation with Indian tribes and
recognition of their right to selfgovernance and tribal sovereignty. We
have evaluated this rule under the
Department of the Interior’s
consultation policy, under Departmental
Manual Part 512 Chapters 4 and 5, and
under the criteria in E.O. 13175. We
have determined that it has no
substantial direct effects on federally
recognized Indian tribes and that
consultation under the Department of
the Interior’s tribal consultation policy
is not required.
Amanda C. Leiter,
Acting Assistant Secretary, Land and
Minerals Management.
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.
32 CFR Part 188
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
(see 43 CFR 46.210(i)). This rule is
excluded from the requirement to
prepare a detailed statement because it
is a regulation of an administrative
nature. We have also determined that
the rule does not involve any of the
PO 00000
Frm 00008
Fmt 4700
Sfmt 4700
PART 250—OIL AND GAS AND
SULPHUR OPERATIONS IN THE
OUTER CONTINENTAL SHELF
Accordingly, the interim rule
amending 30 CFR part 250 which was
published at 81 FR 41801 on June 28,
2016, is adopted as a final rule without
change.
■
[FR Doc. 2016–27503 Filed 11–16–16; 8:45 am]
BILLING CODE 4310–MR–P
DEPARTMENT OF DEFENSE
Office of the Secretary
[Docket ID: DOD–2013–OS–0230]
RIN 0790–AJ16
DoD Environmental Laboratory
Accreditation Program (ELAP)
Under Secretary of Defense for
Acquisition, Technology, and Logistics,
DoD.
ACTION: Final rule.
AGENCY:
This final rule establishes
policy, assigns responsibilities, and
provides procedures to be used by DoD
personnel for the operation and
management of the DoD ELAP. The DoD
ELAP provides a unified DoD program
through which commercial
environmental laboratories can
voluntarily demonstrate competency
and document conformance to the
international quality systems standards
as they are implemented by DoD.
SUMMARY:
E:\FR\FM\17NOR1.SGM
17NOR1
]]>Agencies
- DEPARTMENT OF THE INTERIOR
- Bureau of Safety and Environmental Enforcement
[Federal Register Volume 81, Number 222 (Thursday, November 17, 2016)]
[Rules and Regulations]
[Pages 80994-80996]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-27503]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Bureau of Safety and Environmental Enforcement
30 CFR Part 250
[Docket ID: BSEE-2016-0010; 17XE1700DX EEEE500000 EX1SF0000.DAQ000]
RIN 1014-AA30
Civil Penalty Inflation Adjustment
AGENCY: Bureau of Safety and Environmental Enforcement, Interior.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This final rule adjusts the level of the civil monetary
penalty contained in the Bureau of Safety and Environmental Enforcement
(BSEE) regulations pursuant to the Outer Continental Shelf Lands Act
(OCSLA), the Federal Civil Penalties Inflation Adjustment Act
Improvements Act of 2015, and Office of Management and Budget (OMB)
guidance.
DATES: Effective November 17, 2016.
FOR FURTHER INFORMATION CONTACT: Robert Fisher, Acting Chief Safety and
Enforcement Division, Bureau of Safety and Environmental Enforcement,
(202) 208-3955 or by email: regs@bsee.gov.
SUPPLEMENTARY INFORMATION:
I. Background
II. Calculation of Adjustment
III. Comments Received on the Interim Final Rule
IV. Procedural Matters
A. Regulatory Planning and Review (E.O. 12866 and 13563)
B. Regulatory Flexibility Act
C. Small Business Regulatory Enforcement Fairness Act
D. Unfunded Mandates Reform Act
E. Takings (E.O. 12630)
[[Page 80995]]
F. Federalism (E.O. 13132)
G. Civil Justice Reform (E.O. 12988)
H. Consultation With Indian Tribes (E.O. 13175 and Departmental
Policy)
I. Paperwork Reduction Act
J. National Environmental Policy Act
K. Effects on the Energy Supply (E.O. 13211)
L. Administrative Procedure Act
I. Background
This final rule was initiated as a BSEE Interim Final Rule ``Civil
Penalty Inflation Adjustment,'' which was published in the Federal
Register on June 28, 2016. (81 FR 41801). The Interim Final Rule (IFR)
adjusted the level of the maximum civil monetary penalty contained in
BSEE regulations pursuant to OCSLA, the Federal Civil Penalties
Inflation Adjustment Act Improvements Act of 2015, and OMB guidance.
The IFR was effective July 28, 2016, and the IFR comment period closed
on August 29, 2016. No comments were received and BSEE is finalizing
the IFR as published.
OCSLA directs the Secretary of the Interior to adjust the OCSLA
maximum civil penalty amount at least once every three years to reflect
any increase in the Consumer Price Index (CPI) to account for
inflation. (43 U.S.C. 1350(b)(1)). The Federal Civil Penalties
Inflation Adjustment Act of 1990 (Pub. L. 104-410) (FCPIA of 1990)
required that all civil monetary penalties, including the OCSLA maximum
civil penalty amount, be adjusted at least once every 4 years. Pursuant
to OCSLA and the FCPIA of 1990, the OCSLA maximum civil penalty amount
was last adjusted in 2011. (See 76 FR 38294 (June 30, 2011)). In 2014
and 2015, BSEE performed computations to determine if it should
increase the existing OCSLA maximum civil penalty amount to account for
inflation. After performing those computations, BSEE determined that
adjustments of the OCSLA maximum civil penalty amounts were not
warranted in 2014 and 2015.
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) (FCPIA of 2015). The FCPIA of 2015 requires
Federal agencies to adjust the level of civil monetary penalties with
an initial ``catch-up'' adjustment, if warranted, through rulemaking
and then to make subsequent annual adjustments for inflation. The
purpose of these adjustments is to maintain the deterrent effect of
civil penalties and to further the policy goals of the underlying
statutes.
Pursuant to OCSLA and the FCPIA of 2015, this rule adjusts the
following maximum civil monetary penalty (per day per violation):
[GRAPHIC] [TIFF OMITTED] TR17NO16.076
II. Calculation of Adjustment
On February 24, 2016, OMB issued guidance on calculating the civil
monetary penalty adjustments pursuant to the FCPIA of 2015. (See
Memorandum for the Heads of Executive Departments and Agencies, from
Shaun Donovan, Director, OMB, re: Implementation of the Federal Civil
Penalties Inflation Adjustment Act Improvements Act of 2015). Based on
this guidance, the Department of the Interior identified applicable
civil monetary penalties and calculated the necessary adjustments. 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 initial
calculated adjustment is based on the percent change between the CPI
for all Urban Consumers 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.
For 2016, OCSLA and the FCPIA of 2015 required that BSEE adjust the
OCSLA maximum civil penalty amount and provide for the adjustment
timing. In computing the new OCSLA maximum civil penalty amount, in
accordance with the OMB guidance, BSEE divided the October 2015 CPI by
the October 2011 CPI (237.838/226.421) since BSEE last adjusted the
maximum civil penalty amount in 2011. This resulted in a multiplying
factor of 1.05042. The existing maximum civil penalty amount ($40,000)
was multiplied by the multiplying factor (40,000 x 1.05042 = 42,016.8).
The FCPIA of 2015 requires that the OCSLA maximum civil penalty amount
be rounded to the nearest $1.00 at the end of the calculation process.
Accordingly, the adjusted OCSLA maximum civil penalty is $42,017. This
increase in the OCSLA maximum civil penalty amount does not exceed 150
percent of the OCSLA maximum civil penalty amount as of November 2,
2015, as stipulated by the FCPIA of 2015. Also, pursuant to the FCPIA
of 2015, the increase in the OCSLA maximum civil penalty amount applies
to civil penalties assessed after the date the increase took effect
(July 28, 2016), even when the associated violation(s) predate(s) such
increase.
III. Comments Received on the Interim Final Rule
Although the IFR was effective as of July 28, 2016, the IFR
included a request for public comments. The public comment period
closed on August 29, 2016. BSEE received no comments on the IFR and is
therefore finalizing this rulemaking as originally implemented by the
IFR.
IV. Procedural Matters
A. Regulatory Planning and Review (E.O. 12866 and 13563)
Executive Order (E.O.) 12866 provides that the OMB Office of
Information and Regulatory Affairs will review all significant rules.
The Office of Information and Regulatory Affairs has determined that
this rule is not significant.
E.O. 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.
E.O. 13563 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,
[[Page 80996]]
and consistent with regulatory objectives. E.O. 13563 further
emphasizes 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 all 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)). Because the FCPIA of 2015 requires
agencies to adjust penalties for the catch-up adjustment through an
interim final rulemaking, agencies are not required to complete a
notice and comment process prior to promulgation. Thus, the RFA does
not apply to this rulemaking.
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:
(1) Does not have an annual effect on the economy of $100 million
or more.
(2) Will not cause a major increase in costs or prices for
consumers, individual industries, Federal, State, or local government
agencies, or geographic regions.
(3) 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. Therefore, 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 effect a taking of private property or otherwise
have takings implications under E.O. 12630. Therefore, 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. Therefore, 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:
(1) 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
(2) 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 of the Interior strives to strengthen its
government-to-government relationship with Indian tribes through a
commitment to consultation with Indian tribes and recognition of their
right to self-governance and tribal sovereignty. We have evaluated this
rule under the Department of the Interior's consultation policy, under
Departmental Manual Part 512 Chapters 4 and 5, and under the criteria
in E.O. 13175. We have determined that it has no substantial direct
effects on federally recognized Indian tribes and that consultation
under the Department of the Interior'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 (see 43
CFR 46.210(i)). This rule is excluded from the requirement to prepare a
detailed statement because it is a regulation of an administrative
nature. 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. Therefore, a Statement of Energy Effects is not
required.
List of Subjects in 30 CFR Part 250
Administrative practice and procedure, Continental shelf,
Environmental impact statements, Environmental protection, Government
contracts, Incorporation by reference, Investigations, Oil and gas
exploration, Penalties, Pipelines, Continental Shelf--mineral
resources, Continental Shelf--rights-of-way, Reporting and
recordkeeping requirements, Sulfur.
Amanda C. Leiter,
Acting Assistant Secretary, Land and Minerals Management.
PART 250--OIL AND GAS AND SULPHUR OPERATIONS IN THE OUTER
CONTINENTAL SHELF
0
Accordingly, the interim rule amending 30 CFR part 250 which was
published at 81 FR 41801 on June 28, 2016, is adopted as a final rule
without change.
[FR Doc. 2016-27503 Filed 11-16-16; 8:45 am]
BILLING CODE 4310-MR-P
