Civil Penalties Inflation Adjustments; Annual Adjustments, 7649-7653 [2017-01076]
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Federal Register / Vol. 82, No. 13 / Monday, January 23, 2017 / Rules and Regulations
21 CFR Part 74
Color additives, Cosmetics, Drugs.
Therefore, under the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 321,
341, 342, 343, 348, 351, 352, 355, 361,
362, 371, 379e) and under authority
delegated to the Commissioner of Food
and Drugs, and redelegated to the
Director, Office of Food Additive Safety,
we are giving notice that no objections
or requests for a hearing were filed in
response to the November 1, 2016, final
rule. Accordingly, the amendments
issued thereby became effective
December 2, 2016.
Dated: January 9, 2017.
Dennis M. Keefe,
Director, Office of Food Additive Safety,
Center for Food Safety and Applied Nutrition.
[FR Doc. 2017–00534 Filed 1–19–17; 8:45 am]
BILLING CODE 4164–01–P
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
25 CFR Parts 140, 141, 211, 213, 225,
226, 227, 243, and 249
[178A2100DD/AAKC001030/
A0A501010.999900253G]
RIN 1076–AF35
Improvements Act of 2015 and Office of
Management and Budget (OMB)
guidance.
This rule is effective on January
23, 2017.
DATES:
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. Calculation of Annual Adjustments
III. Procedural Requirements
A. Regulatory Planning and Review (E.O.
12866)
B. Regulatory Flexibility Act
C. Small Business Regulatory Enforcement
Fairness Act
D. Unfunded Mandates Reform Act
E. Takings (E.O. 12630)
F. Federalism (E.O. 13132)
G. Civil Justice Reform (E.O. 12988)
H. Consultation With Indian Tribes (E.O.
13175)
I. Paperwork Reduction Act
J. National Environmental Policy Act
K. Effects on the Energy Supply (E.O.
13211)
L. Clarity of This Regulation
M. Administrative Procedure Act
I. Background
Civil Penalties Inflation Adjustments;
Annual Adjustments
Bureau of Indian Affairs,
Interior.
ACTION: Final rule.
AGENCY:
This rule provides for annual
adjustments to the level of civil
monetary penalties contained in Bureau
of Indian Affairs (Bureau) regulations to
account for inflation under the Federal
Civil Penalties Inflation Adjustment Act
SUMMARY:
On November 2, 2015, the President
signed into law the Federal Civil
Penalties Inflation Adjustment Act
Improvements Act of 2015 (Sec. 701 of
Pub. L. 114–74) (‘‘the Act’’). The Act
requires Federal agencies to adjust the
level of civil monetary penalties with an
initial ‘‘catch-up’’ adjustment through
rulemaking and then make subsequent
annual adjustments for inflation. The
purpose of these adjustments is to
maintain the deterrent effect of civil
penalties and to further the policy goals
of the underlying statutes.
The Office of Management and Budget
(OMB) issued guidance for Federal
agencies 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 (M–16–06).
Under the guidance, the Department
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.
The Bureau issued an interim final
rule providing for calculated catch-up
adjustments on June 30, 2016 (81 FR
42478) and requesting comments postpromulgation. The Bureau issued a final
rule affirming the catch-up adjustments
set forth in the interim final rule on
December 2, 2016 (81 FR 86953). The
final rule adjusted the following civil
monetary penalties, effective on August
1, 2016:
Current
penalty
CFR citation
Description of penalty
25 CFR 140.3 .........
25 CFR 141.50 .......
25 CFR 211.55 .......
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.
25 CFR 213.37 .......
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25 CFR 225.37 .......
25 CFR 226.42 .......
25
25
25
25
CFR
CFR
CFR
CFR
226.43(a)
226.43(b)
226.43(c)
226.43(d)
VerDate Sep<11>2014
...
...
...
...
18:54 Jan 19, 2017
Jkt 241001
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Frm 00019
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7649
E:\FR\FM\23JAR1.SGM
Catchup
adjustment
multiplier
Adjusted
penalty
$500
500
1,000
$1,250
1,250
1,502
500
2.50000
1,250
1,000
1.59089
1,591
500
1.78156
891
50
50
50
50
23JAR1
2.50000
2.50000
1.50245
1.78156
1.78156
1.78156
1.78156
89
89
89
89
7650
Federal Register / Vol. 82, No. 13 / Monday, January 23, 2017 / Rules and Regulations
Current
penalty
CFR citation
Description of penalty
25 CFR 226.43(e) ...
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 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 Annual Adjustments
OMB recently issued guidance to
assist Federal agencies in implementing
the annual adjustments required by the
Act which agencies must complete by
January 15, 2017. See December 16,
2016, Memorandum for the Heads of
Executive Departments and Agencies,
from Shaun Donovan, Director, Office of
Management and Budget, re:
Implementation of the 2017 annual
adjustment pursuant to the Federal Civil
Penalties Inflation Adjustment Act
Improvements Act of 2015 (M–17–11).
The guidance states that the cost-of-
living adjustment multiplier for 2017,
based on the Consumer Price Index
(CPI–U) for the month of October 2016,
not seasonally adjusted, is 1.01636. (The
annual inflation adjustments are based
on the percent change between the
October CPI–U preceding the date of the
adjustment, and the prior year’s October
CPI–U. For 2017, OMB explains,
October 2016 CPI–U (241.729)/October
2015 CPI–U (237.838) = 1.01636.) The
guidance instructs agencies to complete
the 2017 annual adjustment by
multiplying each applicable penalty by
the multiplier, 1.01636, and rounding to
25 CFR 140.3 .........
25 CFR 141.50 .......
25 CFR 211.55 .......
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 226.42 .......
25
25
25
25
CFR
CFR
CFR
CFR
226.43(a)
226.43(b)
226.43(c)
226.43(d)
...
...
...
...
25 CFR 226.43(e) ...
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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) .....
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PO 00000
Frm 00020
Fmt 4700
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100
1.78156
178
200
1.78156
356
500
50
500
1.78156
1.78156
2.50000
891
89
1,250
5,000
1.17858
5,893
500
2.50000
1,250
Current
penalty
including
catchup
adjustment
Description of penalty
25 CFR 225.37 .......
Adjusted
penalty
the nearest dollar. Further, agencies
should apply the multiplier to the most
recent penalty amount that includes the
catch-up adjustment required by the
Act.
The annual adjustment applies to all
civil monetary penalties with a dollar
amount that are subject to the Act. This
final rule adjusts the following civil
monetary penalties contained in the
Bureau’s regulations for 2017 by
multiplying 1.01636 (i.e., the cost-ofliving adjustment multiplier for 2017)
by each penalty amount as updated by
the catch-up adjustment made in 2016:
CFR citation
25 CFR 213.37 .......
Catchup
adjustment
multiplier
E:\FR\FM\23JAR1.SGM
Annual
adjustment
(multiplier)
$1,250
1,250
1,502
1.01636
1.01636
1.01636
$1,270
1,270
1,527
1,250
1.01636
1,270
1,591
1.01636
1,617
891
1.01636
906
89
89
89
89
1.01636
1.01636
1.01636
1.01636
90
90
90
90
178
1.01636
181
356
1.01636
362
891
89
1,250
1.01636
1.01636
1.01636
906
90
1,270
5,893
1.01636
5,989
1,250
1.01636
1,270
23JAR1
Adjusted
penalty
for 2017
Federal Register / Vol. 82, No. 13 / Monday, January 23, 2017 / Rules and Regulations
Consistent with the Act, the adjusted
penalty levels for 2017 will take effect
immediately upon the effective date of
the adjustment. The adjusted penalty
levels for 2017 will apply to penalties
assessed after that date including, if
consistent with agency policy,
assessments associated with violations
that occurred on or after November 2,
2015. The Act does not, however,
change previously assessed penalties
that the Bureau is collecting or has
collected. Nor does the Act change an
agency’s existing statutory authorities to
adjust penalties.
III. Procedural Requirements
A. Regulatory Planning and Review
(E.O. 12866 and 13563)
Executive Order 12866 provides that
the Office of Information and Regulatory
Affairs in the Office of Management and
Budget will review all significant rules.
The Office of Information and
Regulatory Affairs has determined that
this rule is not significant.
Executive Order 13563 reaffirms the
principles of E.O. 12866 while calling
for improvements in the nation’s
regulatory system to promote
predictability, to reduce uncertainty,
and to use the best, most innovative,
and least burdensome tools for
achieving regulatory ends. The
executive order directs agencies to
consider regulatory approaches that
reduce burdens and maintain flexibility
and freedom of choice for the public
where these approaches are relevant,
feasible, and consistent with regulatory
objectives. E.O. 13563 emphasizes
further that regulations must be based
on the best available science and that
the rulemaking process must allow for
public participation and an open
exchange of ideas. We have developed
this rule in a manner consistent with
these requirements.
B. Regulatory Flexibility Act
This rule will not have a significant
economic effect on a substantial number
of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.)
because the rule makes adjustments for
inflation.
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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
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18:54 Jan 19, 2017
Jkt 241001
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 Executive
Order 12630. A takings implication
assessment is not required.
F. Federalism (E.O. 13132)
Under the criteria in section 1 of
Executive Order 13132, this rule does
not have sufficient federalism
implications to warrant the preparation
of a federalism summary impact
statement. A federalism summary
impact statement is not required.
G. Civil Justice Reform (E.O. 12988)
This rule complies with the
requirements of Executive Order 12988.
Specifically, this rule:
(a) Meets the criteria of section 3(a)
requiring that all regulations be
reviewed to eliminate errors and
ambiguity and be written to minimize
litigation; and
(b) Meets the criteria of section 3(b)(2)
requiring that all regulations be written
in clear language and contain clear legal
standards.
H. Consultation With Indian Tribes
(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’s consultation policy and
under the criteria in Executive Order
13175 and have determined that it has
no substantial direct effects on federally
recognized Indian tribes and that
consultation under the Department’s
tribal consultation policy is not
required.
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7651
I. Paperwork Reduction Act
This rule does not contain
information collection requirements,
and a submission to the Office of
Management and Budget under the
Paperwork Reduction Act (44 U.S.C.
3501 et seq.) is not required. We may
not conduct or sponsor, and you are not
required to respond to, a collection of
information unless it displays a
currently valid OMB control number.
J. National Environmental Policy Act
This rule does not constitute a major
Federal action significantly affecting the
quality of the human environment. A
detailed statement under the National
Environmental Policy Act of 1969
(NEPA) is not required because the rule
is covered by a categorical exclusion.
This rule is excluded from the
requirement to prepare a detailed
statement because it is a regulation of an
administrative nature. (For further
information see 43 CFR 46.210(i).) We
have also determined that the rule does
not involve any of the extraordinary
circumstances listed in 43 CFR 46.215
that 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 Executive
Order 13211. A Statement of Energy
Effects is not required.
L. Clarity of This Regulation
We are required by Executive Orders
12866 (section 1 (b)(12)), 12988 (section
3(b)(1)(B)), and 13563 (section 1(a)), and
by the Presidential Memorandum of
June 1, 1998, to write all rules in plain
language. This means that each rule we
publish must:
(a) Be logically organized;
(b) Use the active voice to address
readers directly;
(c) Use common, everyday words and
clear language rather than jargon;
(d) Be divided into short sections and
sentences; and
(e) Use lists and tables wherever
possible.
If you feel that we have not met these
requirements, send us comments by one
of the methods listed in the ADDRESSES
section. To better help us revise the
rule, your comments should be as
specific as possible. For example, you
should tell us the numbers of the
sections or paragraphs that you find
unclear, which sections or sentences are
too long, the sections where you feel
lists or tables would be useful, etc.
E:\FR\FM\23JAR1.SGM
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7652
Federal Register / Vol. 82, No. 13 / Monday, January 23, 2017 / Rules and Regulations
M. Administrative Procedure Act
The Act requires agencies to publish
annual inflation adjustments by no later
than January 15, 2017, and by no later
than January 15 each subsequent year,
notwithstanding section 553 of the
Administrative Procedure Act (APA) (5
U.S.C. 553). OMB has interpreted this
direction to mean that the usual APA
public procedure for rulemaking—
which includes public notice of a
proposed rule, an opportunity for public
comment, and a delay in the effective
date of a final rule—is not required
when agencies issue regulations to
implement the annual adjustments to
civil penalties that the Act requires.
Accordingly, we are issuing the 2017
annual adjustments as a final rule
without prior notice or an opportunity
for comment and with an effective date
immediately upon publication in the
Federal Register.
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. Under section
553(b), the Bureau finds that there is
good cause to promulgate this rule
without first providing for public
comment. It would not be possible to
meet the deadlines imposed by the Act
if we were to first publish a proposed
rule, allow the public sufficient time to
submit comments, analyze the
comments, and publish a final rule.
Also, the Bureau is promulgating this
final rule to implement the statutory
directive in the Act, which requires
agencies to publish a final rule and to
update the civil penalty amounts by
applying a specified formula. The
Bureau 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 public comment on this
rule prior to promulgation. Thus,
providing for notice and public
comment is impracticable and
unnecessary.
Furthermore, the Bureau finds under
section 553(d)(3) of the APA that good
cause exists to make this final rule
effective immediately upon publication
in the Federal Register. In the Act,
Congress expressly required Federal
agencies to publish annual inflation
adjustments to civil penalties in the
Federal Register by January 15, 2017,
and not later than January 15 of every
subsequent year, notwithstanding
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18:54 Jan 19, 2017
Jkt 241001
section 553 of the APA. Under the
statutory framework and OMB guidance,
the new penalty levels take effect
immediately upon the effective date of
the adjustment. The statutory deadline
does not allow time to delay this rule’s
effective date beyond publication.
Moreover, an effective date after January
15 would delay application of the new
penalty levels, contrary to Congress’s
intent.
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 ‘‘$1,250’’ and
add in its place ‘‘$1,270’’.
■
List of Subjects
PART 141—BUSINESS PRACTICES ON
THE NAVAJO, HOPI AND ZUNI
RESERVATIONS
25 CFR 140
■
Business and industry, Indians,
Penalties.
25 CFR 141
Business and industry, Credit,
Indians—business and finance,
Penalties.
25 CFR 211
Geothermal energy, Indians—lands,
Mineral resources, Mines, Oil and gas
exploration, Reporting and
recordkeeping requirements.
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.
§ 141.50
[Amended]
4. In § 141.50, remove ‘‘$1,250’’ and
add in its place ‘‘$1,270’’.
■
PART 211—LEASING OF TRIBAL
LANDS FOR MINERAL DEVELOPMENT
25 CFR 213
5. The authority citation for part 211
is revised to read as follows:
Indians—lands, Mineral resources,
Mines, Oil and gas exploration,
Reporting and recordkeeping
requirements.
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.
25 CFR 225
§ 211.55
Geothermal energy, Indians—lands,
Mineral resources, Mines, Oil and gas
exploration, Penalties, Reporting and
recordkeeping requirements, Surety
bonds.
25 CFR 226
Indians—lands.
Indians—lands, Mineral resources,
Mines, Oil and gas exploration,
Reporting and recordkeeping
requirements.
25 CFR 243
Indians, Livestock.
6. In § 211.55(a), remove ‘‘$1,502’’ and
add in its place ‘‘$1,527’’.
■
PART 213—LEASING OF RESTRICTED
LANDS FOR MEMBERS OF FIVE
CIVILIZED TRIBES, OKLAHOMA, FOR
MINING
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.
§ 213.37
25 CFR 249
Fishing, Indians.
For the reasons given in the preamble,
the Department of the Interior amends
Chapter 1 of title 25 Code of Federal
Regulations as follows.
Title 25—Indians
PART 140—LICENSED INDIAN
TRADERS
1. The authority citation for part 140
is revised to read as follows:
■
Fmt 4700
[Amended]
8. In § 213.37, remove ‘‘$1,250’’ and
add in its place ‘‘$1,270’’.
■
PART 225—OIL AND GAS,
GEOTHERMAL AND SOLID MINERALS
AGREEMENTS
9. The authority citation for part 225
is revised to read as follows:
■
CHAPTER 1—BUREAU OF INDIAN
AFFAIRS, DEPARTMENT OF THE INTERIOR
Frm 00022
[Amended]
■
25 CFR 227
PO 00000
■
Sfmt 4700
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 ‘‘$1,591’’
and add in its place ‘‘$1,617’’.
■
E:\FR\FM\23JAR1.SGM
23JAR1
Federal Register / Vol. 82, No. 13 / Monday, January 23, 2017 / Rules and Regulations
7653
PART 226—LEASING OF OSAGE
RESERVATION LANDS FOR OIL AND
GAS MINING
Dated: January 11, 2017.
Lawrence S. Roberts,
Principal Deputy Assistant Secretary—Indian
Affairs.
I. Background
9. The authority citation for part 226
is revised to read as follows:
[FR Doc. 2017–01076 Filed 1–19–17; 8:45 am]
On December 18, 2015, the President
signed into law the Consolidated
Appropriations Act, 2016 (Pub. L. 114–
113). Division Q of this Act is titled the
Protecting Americans from Tax Hikes
Act of 2015 (PATH Act). Section 335(a)
of the PATH Act amends the Internal
Revenue Code of 1986 (IRC) at 26 U.S.C.
5041 by modifying the definition of
hard cider for excise tax classification
purposes. Pursuant to section 335(b) of
the PATH Act, the amended definition
of hard cider applies to such products
removed on or after January 1, 2017.
The PATH Act does not change the tax
rate applicable to wine eligible for the
hard cider tax rate; rather, it broadens
the range of products to which the hard
cider tax rate applies. Among other
things, the range of products to which
the hard cider tax rate applies will
include certain sparkling and
carbonated products and certain
products that are subject to the
requirements of the Federal Alcohol
Administration Act (FAA Act).
■
BILLING CODE 4337–15–P
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]
Alcohol and Tobacco Tax and Trade
Bureau
10. In § 226.42, remove ‘‘$891’’ and
add in its place ‘‘$906’’.
■
§ 226.43
27 CFR Parts 24 and 27
[Amended]
11. In § 226.43:
a. Remove ‘‘$89’’ each time it appears
and add in each place ‘‘$90’’ wherever
it appears in this section.
■ b. In paragraph (e), remove ‘‘$178’’
and add in its place ‘‘$181’’.
■ c. In paragraph (f), remove ‘‘$356’’ and
add in its place ‘‘$362’’.
■ d. In paragraph (g), remove ‘‘$891’’
and add in its place ‘‘$906’’.
■
■
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.
§ 227.24
[Amended]
13. In § 227.24, remove ‘‘$1,250’’ and
add in its place ‘‘$1,270’’.
■
PART 243—REINDEER IN ALASKA
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.
§ 243.8
[Amended]
15. In § 243.8(a) introductory text,
remove ‘‘$5,893’’ and add in its place
‘‘$5,989’’.
■
PART 249—OFF–RESERVATION
TREATY FISHING
16. The authority citation for part 249
is revised to read as follows:
mstockstill on DSK3G9T082PROD with RULES
■
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
DEPARTMENT OF THE TREASURY
[Amended]
17. In § 249.6(b), remove ‘‘$1,250’’ and
add in its place ‘‘$1,270’’.
■
VerDate Sep<11>2014
18:54 Jan 19, 2017
Jkt 241001
[Docket No. TTB–2016–0014; T.D. TTB–147;
Re: Notice No. 168]
RIN 1513–AC31
Implementation of Statutory
Amendments Requiring the
Modification of the Definition of Hard
Cider
Alcohol and Tobacco Tax and
Trade Bureau, Treasury.
ACTION: Temporary rule; Treasury
decision; cross reference to notice of
proposed rulemaking.
AGENCY:
This temporary rule amends
the Alcohol and Tobacco Tax and Trade
Bureau (TTB) regulations to implement
changes made to the definition of ‘‘hard
cider’’ in the Internal Revenue Code of
1986 by the Protecting Americans from
Tax Hikes Act of 2015. The modified
definition broadens the range of wines
eligible for the hard cider tax rate. TTB
is amending its regulations to reflect the
modified definition of hard cider
effective for products removed on or
after January 1, 2017, and to set forth
new labeling requirements to identify
products to which the hard cider tax
rate applies. The new labeling
requirements include both a one-year
transitional rule and a new labeling
requirement that takes effect for
products removed on or after January 1,
2018. TTB is also soliciting comments
from all interested parties on these
amendments through a notice of
proposed rulemaking published
elsewhere in this issue of the Federal
Register.
SUMMARY:
This temporary rule is effective
January 23, 2017.
FOR FURTHER INFORMATION CONTACT: Kara
Fontaine, Regulations and Rulings
Division, Alcohol and Tobacco Tax and
Trade Bureau, 1310 G Street NW., Box
12, Washington, DC 20005; telephone
(202) 453–1039 ext. 103.
SUPPLEMENTARY INFORMATION:
DATES:
PO 00000
Frm 00023
Fmt 4700
Sfmt 4700
Protecting Americans From Tax Hikes
Act of 2015
TTB Authority
The Alcohol and Tobacco Tax and
Trade Bureau (TTB) of the Department
of the Treasury administers chapter 51
of the IRC, which sets forth the Federal
excise taxes on wine and related
provisions, including provisions
addressing the production and marking
of wine (see 26 U.S.C. chapter 51).
Section 5041 of the IRC (26 U.S.C. 5041)
imposes six excise tax rates, including
the hard cider tax rate, on wines. These
tax rates are associated with six tax
classes that correspond to section
5041(b) subparagraphs (1) through (6),
as follows:
• Section 5041(b)(1) imposes a tax of
$1.07 per wine gallon 1 on still wines
containing not more than 14 percent
alcohol by volume.
• Section 5041(b)(2) imposes a tax of
$1.57 per wine gallon on still wines
containing more than 14 percent and
not exceeding 21 percent of alcohol by
volume.
• Section 5041(b)(3) imposes a tax of
$3.15 per wine gallon on still wines
containing more than 21 percent and
not exceeding 24 percent of alcohol by
volume.
• Section 5041(b)(4) imposes a tax of
$3.40 per wine gallon on champagne
and other sparkling wines.
1 The TTB regulations in 27 CFR 24.10 define the
term ‘‘wine gallon’’ as ‘‘a United States gallon of
liquid measure equivalent to the volume of 231
cubic inches.’’
E:\FR\FM\23JAR1.SGM
23JAR1
]]>Agencies
[Federal Register Volume 82, Number 13 (Monday, January 23, 2017)]
[Rules and Regulations]
[Pages 7649-7653]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-01076]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
25 CFR Parts 140, 141, 211, 213, 225, 226, 227, 243, and 249
[178A2100DD/AAKC001030/A0A501010.999900253G]
RIN 1076-AF35
Civil Penalties Inflation Adjustments; Annual Adjustments
AGENCY: Bureau of Indian Affairs, Interior.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This rule provides for annual adjustments to the level of
civil monetary penalties contained in Bureau of Indian Affairs (Bureau)
regulations to account for inflation 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 January 23, 2017.
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. Calculation of Annual Adjustments
III. Procedural Requirements
A. Regulatory Planning and Review (E.O. 12866)
B. Regulatory Flexibility Act
C. Small Business Regulatory Enforcement Fairness Act
D. Unfunded Mandates Reform Act
E. Takings (E.O. 12630)
F. Federalism (E.O. 13132)
G. Civil Justice Reform (E.O. 12988)
H. Consultation With Indian Tribes (E.O. 13175)
I. Paperwork Reduction Act
J. National Environmental Policy Act
K. Effects on the Energy Supply (E.O. 13211)
L. Clarity of This Regulation
M. Administrative Procedure Act
I. Background
On November 2, 2015, the President signed into law the Federal
Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (Sec.
701 of Pub. L. 114-74) (``the Act''). The Act requires Federal agencies
to adjust the level of civil monetary penalties with an initial
``catch-up'' adjustment through rulemaking and then make subsequent
annual adjustments for inflation. The purpose of these adjustments is
to maintain the deterrent effect of civil penalties and to further the
policy goals of the underlying statutes.
The Office of Management and Budget (OMB) issued guidance for
Federal agencies 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 (M-16-06). Under the guidance,
the Department 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.
The Bureau issued an interim final rule providing for calculated
catch-up adjustments on June 30, 2016 (81 FR 42478) and requesting
comments post-promulgation. The Bureau issued a final rule affirming
the catch-up adjustments set forth in the interim final rule on
December 2, 2016 (81 FR 86953). The final rule adjusted the following
civil monetary penalties, effective on August 1, 2016:
----------------------------------------------------------------------------------------------------------------
Catchup
Current adjustment Adjusted
CFR citation Description of penalty penalty penalty
multiplier
----------------------------------------------------------------------------------------------------------------
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, Hopi 500 2.50000 1,250
or Zuni reservations without a
license.
25 CFR 211.55.......................... Penalty for violation of leases of 1,000 1.50245 1,502
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 minerals 1,000 1.59089 1,591
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 of 500 1.78156 891
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 file 50 1.78156 89
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 operations 50 1.78156 89
are commenced for failure to
construct and maintain pits.
[[Page 7650]]
25 CFR 226.43(e)....................... Penalty for failure to comply with 100 1.78156 178
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 file 50 1.78156 89
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 transferees 5,000 1.17858 5,893
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 of 500 2.50000 1,250
regulations at part 249 (Off-
Reservation Treaty Fishing)..
----------------------------------------------------------------------------------------------------------------
II. Calculation of Annual Adjustments
OMB recently issued guidance to assist Federal agencies in
implementing the annual adjustments required by the Act which agencies
must complete by January 15, 2017. See December 16, 2016, Memorandum
for the Heads of Executive Departments and Agencies, from Shaun
Donovan, Director, Office of Management and Budget, re: Implementation
of the 2017 annual adjustment pursuant to the Federal Civil Penalties
Inflation Adjustment Act Improvements Act of 2015 (M-17-11). The
guidance states that the cost-of-living adjustment multiplier for 2017,
based on the Consumer Price Index (CPI-U) for the month of October
2016, not seasonally adjusted, is 1.01636. (The annual inflation
adjustments are based on the percent change between the October CPI-U
preceding the date of the adjustment, and the prior year's October CPI-
U. For 2017, OMB explains, October 2016 CPI-U (241.729)/October 2015
CPI-U (237.838) = 1.01636.) The guidance instructs agencies to complete
the 2017 annual adjustment by multiplying each applicable penalty by
the multiplier, 1.01636, and rounding to the nearest dollar. Further,
agencies should apply the multiplier to the most recent penalty amount
that includes the catch-up adjustment required by the Act.
The annual adjustment applies to all civil monetary penalties with
a dollar amount that are subject to the Act. This final rule adjusts
the following civil monetary penalties contained in the Bureau's
regulations for 2017 by multiplying 1.01636 (i.e., the cost-of-living
adjustment multiplier for 2017) by each penalty amount as updated by
the catch-up adjustment made in 2016:
----------------------------------------------------------------------------------------------------------------
Current
penalty Annual Adjusted
CFR citation Description of penalty including adjustment penalty
catchup (multiplier) for 2017
adjustment
----------------------------------------------------------------------------------------------------------------
25 CFR 140.3.......................... Penalty for trading in Indian $1,250 1.01636 $1,270
country without a license.
25 CFR 141.50......................... Penalty for trading on Navajo, 1,250 1.01636 1,270
Hopi or Zuni reservations without
a license.
25 CFR 211.55......................... Penalty for violation of leases of 1,502 1.01636 1,527
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 1,250 1.01636 1,270
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 minerals 1,591 1.01636 1,617
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 of 891 1.01636 906
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 89 1.01636 90
obtain permission to start
operations.
25 CFR 226.43(b)...................... Penalty per day for failure to 89 1.01636 90
file records.
25 CFR 226.43(c)...................... Penalty for each well and tank 89 1.01636 90
battery for failure to mark wells
and tank batteries.
25 CFR 226.43(d)...................... Penalty each day after operations 89 1.01636 90
are commenced for failure to
construct and maintain pits.
25 CFR 226.43(e)...................... Penalty for failure to comply with 178 1.01636 181
requirements regarding valve or
other approved controlling device.
25 CFR 226.43(f)...................... Penalty for failure to notify 356 1.01636 362
Superintendent before drilling,
redrilling, deepening, plugging,
or abandoning any well.
25 CFR 226.43(g)...................... Penalty per day for failure to 891 1.01636 906
properly care for and dispose of
deleterious fluids.
25 CFR 226.43(h)...................... Penalty per day for failure to 89 1.01636 90
file plugging and other required
reports.
25 CFR 227.24......................... Penalty for failure of lessee of 1,250 1.01636 1,270
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 transferees 5,893 1.01636 5,989
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 1,250 1.01636 1,270
of regulations at part 249 (Off-
Reservation Treaty Fishing)..
----------------------------------------------------------------------------------------------------------------
[[Page 7651]]
Consistent with the Act, the adjusted penalty levels for 2017 will
take effect immediately upon the effective date of the adjustment. The
adjusted penalty levels for 2017 will apply to penalties assessed after
that date including, if consistent with agency policy, assessments
associated with violations that occurred on or after November 2, 2015.
The Act does not, however, change previously assessed penalties that
the Bureau is collecting or has collected. Nor does the Act change an
agency's existing statutory authorities to adjust penalties.
III. Procedural Requirements
A. Regulatory Planning and Review (E.O. 12866 and 13563)
Executive Order 12866 provides that the Office of Information and
Regulatory Affairs in the Office of Management and Budget will review
all significant rules. The Office of Information and Regulatory Affairs
has determined that this rule is not significant.
Executive Order 13563 reaffirms the principles of E.O. 12866 while
calling for improvements in the nation's regulatory system to promote
predictability, to reduce uncertainty, and to use the best, most
innovative, and least burdensome tools for achieving regulatory ends.
The executive order directs agencies to consider regulatory approaches
that reduce burdens and maintain flexibility and freedom of choice for
the public where these approaches are relevant, feasible, and
consistent with regulatory objectives. E.O. 13563 emphasizes further
that regulations must be based on the best available science and that
the rulemaking process must allow for public participation and an open
exchange of ideas. We have developed this rule in a manner consistent
with these requirements.
B. Regulatory Flexibility Act
This rule will not have a significant economic effect on a
substantial number of small entities under the Regulatory Flexibility
Act (5 U.S.C. 601 et seq.) because the rule makes adjustments for
inflation.
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 Executive Order 12630. A takings
implication assessment is not required.
F. Federalism (E.O. 13132)
Under the criteria in section 1 of Executive Order 13132, this rule
does not have sufficient federalism implications to warrant the
preparation of a federalism summary impact statement. A federalism
summary impact statement is not required.
G. Civil Justice Reform (E.O. 12988)
This rule complies with the requirements of Executive Order 12988.
Specifically, this rule:
(a) Meets the criteria of section 3(a) requiring that all
regulations be reviewed to eliminate errors and ambiguity and be
written to minimize litigation; and
(b) Meets the criteria of section 3(b)(2) requiring that all
regulations be written in clear language and contain clear legal
standards.
H. Consultation With Indian Tribes (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's consultation policy and under the criteria
in Executive Order 13175 and have determined that it has no substantial
direct effects on federally recognized Indian tribes and that
consultation under the Department's tribal consultation policy is not
required.
I. Paperwork Reduction Act
This rule does not contain information collection requirements, and
a submission to the Office of Management and Budget under the Paperwork
Reduction Act (44 U.S.C. 3501 et seq.) is not required. We may not
conduct or sponsor, and you are not required to respond to, a
collection of information unless it displays a currently valid OMB
control number.
J. National Environmental Policy Act
This rule does not constitute a major Federal action significantly
affecting the quality of the human environment. A detailed statement
under the National Environmental Policy Act of 1969 (NEPA) is not
required because the rule is covered by a categorical exclusion. This
rule is excluded from the requirement to prepare a detailed statement
because it is a regulation of an administrative nature. (For further
information see 43 CFR 46.210(i).) We have also determined that the
rule does not involve any of the extraordinary circumstances listed in
43 CFR 46.215 that 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 Executive Order 13211. A Statement of Energy Effects is not
required.
L. Clarity of This Regulation
We are required by Executive Orders 12866 (section 1 (b)(12)),
12988 (section 3(b)(1)(B)), and 13563 (section 1(a)), and by the
Presidential Memorandum of June 1, 1998, to write all rules in plain
language. This means that each rule we publish must:
(a) Be logically organized;
(b) Use the active voice to address readers directly;
(c) Use common, everyday words and clear language rather than
jargon;
(d) Be divided into short sections and sentences; and
(e) Use lists and tables wherever possible.
If you feel that we have not met these requirements, send us
comments by one of the methods listed in the ADDRESSES section. To
better help us revise the rule, your comments should be as specific as
possible. For example, you should tell us the numbers of the sections
or paragraphs that you find unclear, which sections or sentences are
too long, the sections where you feel lists or tables would be useful,
etc.
[[Page 7652]]
M. Administrative Procedure Act
The Act requires agencies to publish annual inflation adjustments
by no later than January 15, 2017, and by no later than January 15 each
subsequent year, notwithstanding section 553 of the Administrative
Procedure Act (APA) (5 U.S.C. 553). OMB has interpreted this direction
to mean that the usual APA public procedure for rulemaking--which
includes public notice of a proposed rule, an opportunity for public
comment, and a delay in the effective date of a final rule--is not
required when agencies issue regulations to implement the annual
adjustments to civil penalties that the Act requires. Accordingly, we
are issuing the 2017 annual adjustments as a final rule without prior
notice or an opportunity for comment and with an effective date
immediately upon publication in the Federal Register.
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. Under section 553(b), the
Bureau finds that there is good cause to promulgate this rule without
first providing for public comment. It would not be possible to meet
the deadlines imposed by the Act if we were to first publish a proposed
rule, allow the public sufficient time to submit comments, analyze the
comments, and publish a final rule. Also, the Bureau is promulgating
this final rule to implement the statutory directive in the Act, which
requires agencies to publish a final rule and to update the civil
penalty amounts by applying a specified formula. The Bureau 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 public comment on this rule prior
to promulgation. Thus, providing for notice and public comment is
impracticable and unnecessary.
Furthermore, the Bureau finds under section 553(d)(3) of the APA
that good cause exists to make this final rule effective immediately
upon publication in the Federal Register. In the Act, Congress
expressly required Federal agencies to publish annual inflation
adjustments to civil penalties in the Federal Register by January 15,
2017, and not later than January 15 of every subsequent year,
notwithstanding section 553 of the APA. Under the statutory framework
and OMB guidance, the new penalty levels take effect immediately upon
the effective date of the adjustment. The statutory deadline does not
allow time to delay this rule's effective date beyond publication.
Moreover, an effective date after January 15 would delay application of
the new penalty levels, contrary to Congress's intent.
List of Subjects
25 CFR 140
Business and industry, Indians, Penalties.
25 CFR 141
Business and industry, Credit, Indians--business and finance,
Penalties.
25 CFR 211
Geothermal energy, Indians--lands, Mineral resources, Mines, Oil
and gas exploration, Reporting and recordkeeping requirements.
25 CFR 213
Indians--lands, Mineral resources, Mines, Oil and gas exploration,
Reporting and recordkeeping requirements.
25 CFR 225
Geothermal energy, Indians--lands, Mineral resources, Mines, Oil
and gas exploration, Penalties, Reporting and recordkeeping
requirements, Surety bonds.
25 CFR 226
Indians--lands.
25 CFR 227
Indians--lands, Mineral resources, Mines, Oil and gas exploration,
Reporting and recordkeeping requirements.
25 CFR 243
Indians, Livestock.
25 CFR 249
Fishing, Indians.
For the reasons given in the preamble, the Department of the
Interior amends Chapter 1 of title 25 Code of Federal Regulations as
follows.
Title 25--Indians
CHAPTER 1--BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR
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 ``$1,250'' and add in its place ``$1,270''.
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 ``$1,250'' and add in its place ``$1,270''.
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 ``$1,502'' and add in its place
``$1,527''.
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 ``$1,250'' and add in its place ``$1,270''.
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 ``$1,591'' and add in its place
``$1,617''.
[[Page 7653]]
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 ``$891'' and add in its place ``$906''.
Sec. 226.43 [Amended]
0
11. In Sec. 226.43:
0
a. Remove ``$89'' each time it appears and add in each place ``$90''
wherever it appears in this section.
0
b. In paragraph (e), remove ``$178'' and add in its place ``$181''.
0
c. In paragraph (f), remove ``$356'' and add in its place ``$362''.
0
d. In paragraph (g), remove ``$891'' and add in its place ``$906''.
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 ``$1,250'' and add in its place ``$1,270''.
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.
Sec. 243.8 [Amended]
0
15. In Sec. 243.8(a) introductory text, remove ``$5,893'' and add in
its place ``$5,989''.
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 ``$1,250'' and add in its place
``$1,270''.
Dated: January 11, 2017.
Lawrence S. Roberts,
Principal Deputy Assistant Secretary--Indian Affairs.
[FR Doc. 2017-01076 Filed 1-19-17; 8:45 am]
BILLING CODE 4337-15-P
