Civil Penalties Inflation Adjustments; Annual Adjustments, 7649-7653 [2017-01076]

Download as PDF 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 ....... mstockstill on DSK3G9T082PROD with RULES 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 PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 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) ... mstockstill on DSK3G9T082PROD with RULES 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) ..... VerDate Sep<11>2014 18:54 Jan 19, 2017 Jkt 241001 PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 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. mstockstill on DSK3G9T082PROD with RULES C. Small Business Regulatory Enforcement Fairness Act This rule is not a major rule under 5 U.S.C. 804(2), the Small Business Regulatory Enforcement Fairness Act. This rule: (a) Does not have an annual effect on the economy of $100 million or more. (b) Will not cause a major increase in costs or prices for consumers, individual industries, Federal, State, or VerDate Sep<11>2014 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. PO 00000 Frm 00021 Fmt 4700 Sfmt 4700 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 23JAR1 mstockstill on DSK3G9T082PROD with RULES 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 VerDate Sep<11>2014 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]


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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.

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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