Civil Penalty Inflation Adjustment, 9136-9138 [2017-02326]
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9136
Federal Register / Vol. 82, No. 22 / Friday, February 3, 2017 / Rules and Regulations
Dated: January 13, 2017.
Loretta E. Lynch,
Attorney General.
[FR Doc. 2017–01306 Filed 2–2–17; 8:45 am]
BILLING CODE 4410–19–P
DEPARTMENT OF THE INTERIOR
Bureau of Safety and Environmental
Enforcement
30 CFR Part 250
[Docket ID: BSEE–2017–0001; 17XE1700DX
EX1SF0000.DAQ000 EEEE50000]
RIN 1014–AA34
Civil Penalty Inflation Adjustment
Bureau of Safety and
Environmental Enforcement, Interior.
ACTION: Final rule.
AGENCY:
This final rule adjusts the
level of the maximum civil monetary
penalty contained in the Bureau of
Safety and Environmental Enforcement
(BSEE) regulations pursuant to the
Outer Continental Shelf Lands Act
(OCSLA), the Federal Civil Penalties
Inflation Adjustment Act Improvements
Act of 2015, and Office of Management
and Budget (OMB) guidance. The civil
penalty inflation adjustment using a
1.01636 multiplier accounts for one year
of inflation spanning from October 2015
to October 2016.
DATES: This rule is effective on February
3, 2017.
FOR FURTHER INFORMATION CONTACT:
Robert Fisher, Acting Chief Safety and
Enforcement Division, Bureau of Safety
and Environmental Enforcement, (202)
208–3955 or by email: regs@bsee.gov.
SUPPLEMENTARY INFORMATION:
asabaliauskas on DSK3SPTVN1PROD with RULES
SUMMARY:
I. Background and Legal Authority
II. Calculation of Adjustments
III. Procedural Requirements
A. Regulatory Planning and Review (E.O.
12866 and 13563)
B. Regulatory Flexibility Act
C. Small Business Regulatory Enforcement
Fairness Act
D. Unfunded Mandates Reform Act
E. Takings (E.O. 12630)
F. Federalism (E.O. 13132)
G. Civil Justice Reform (E.O. 12988)
H. Consultation with Indian Tribes (E.O.
13175 and Departmental Policy)
I. Paperwork Reduction Act
J. National Environmental Policy Act
K. Effects on the Energy Supply (E.O.
13211)
I. Background and Legal Authority
The OCSLA, at 43 U.S.C. 1350(b)(1),
directs the Secretary of the Interior to
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adjust the OCSLA maximum civil
penalty amount at least once every three
years to reflect any increase in the
Consumer Price Index to account for
inflation. On November 2, 2015, the
President signed into law the Federal
Civil Penalties Inflation Adjustment Act
Improvements Act of 2015 (Sec. 701 of
Pub. L. 114–74) (FCPIA of 2015). The
FCPIA of 2015 requires Federal agencies
to adjust the level of civil monetary
penalties with an initial ‘‘catch-up’’
adjustment through rulemaking, if
warranted, and then to make subsequent
annual adjustments for inflation.
Agencies are required to publish the
annual inflation adjustments in the
Federal Register by no later than
January 15, 2017, and by no later than
January 15 each subsequent year. The
purpose of these adjustments is to
maintain the deterrent effect of civil
penalties and to further the policy goals
of the underlying statutes.
BSEE last updated civil penalty
amounts in BSEE regulations through
RIN 1014–AA30 [81 FR 41801] effective
July 28, 2016. Consistent with OMB
guidance, BSEE’s interim final rule (IFR)
implemented the catch-up adjustments
required by the FCPIA of 2015, through
October 2015. No public comments
were received on the IFR, and BSEE
published the final rule on November
17, 2016 [81 FR 80994].
The OMB Memorandum M–17–11
(Implementation of the 2017 annual
adjustment pursuant to the FCPIA of
2015; https://www.whitehouse.gov/sites/
default/files/omb/memoranda/2017/m17-11_0.pdf) explains agency
responsibilities for: Identifying
applicable penalties and performing the
annual adjustment; publishing in the
Federal Register; finalizing 2016
interim final rules; applying adjusted
penalty levels; and performing agency
oversight of inflation adjustments.
BSEE is promulgating this 2017
inflation adjustment for civil penalties
as a final rule pursuant to the provisions
of the FCPIA of 2015 and OMB
guidance. A proposed rule is not
required because the FCPIA of 2015
states that agencies shall adjust civil
monetary penalties ‘‘notwithstanding
Section 553 of the Administrative
Procedure Act.’’ (FCPIA of 2015 at
§ 4(b)(2)). Accordingly, Congress
expressly exempted the annual inflation
adjustments implemented pursuant to
the FCPIA of 2015 from the prepromulgation notice and comment
requirements of the Administrative
Procedure Act (APA), allowing them to
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be published as a final rule. This
interpretation of the statute is confirmed
by OMB Memorandum M–17–11. (OMB
Memorandum M–17–11 at 3 (‘‘This
means that the public procedure the
APA generally requires—notice, an
opportunity for comment, and a delay in
effective date—is not required for
agencies to issue regulations
implementing the annual
adjustment.’’)).
II. Calculation of Adjustments
Under the FCPIA of 2015 and the
guidance provided in OMB
Memorandum M–17–11, BSEE has
identified the applicable civil monetary
penalty and calculated the necessary
inflation adjustment. The previous
OCSLA civil penalty inflation
adjustment accounted for inflation
through October 2015. The required
annual civil penalty inflation
adjustment promulgated through this
rule accounts for inflation through
October 2016.
Annual inflation adjustments are
based on the percent change between
the Consumer Price Index for all Urban
Consumers (CPI–U) for the October
preceding the date of the adjustment,
and the prior year’s October CPI–U.
Consistent with the guidance in OMB
Memorandum M–17–11, BSEE divided
the October 2016 CPI–U by the October
2015 CPI–U to calculate the multiplying
factor. In this case, October 2016 CPI–
U (241.729)/October 2015 CPI–U
(237.838) = 1.01636.
For 2017, OCSLA and the FCPIA of
2015 require that BSEE adjust the
OCSLA maximum civil penalty amount.
To accomplish this, BSEE multiplied
the existing OCSLA maximum civil
penalty amount ($42,017) by the
multiplying factor ($42,017 × 1.01636 =
$42,704.40). The FCPIA of 2015 requires
that the OCSLA maximum civil penalty
amount be rounded to the nearest $1.00
at the end of the calculation process.
Accordingly, the adjusted OCSLA
maximum civil penalty is $42,704.
Pursuant to the FCPIA of 2015, the
increase in the OCSLA maximum civil
penalty amount applies to civil
penalties assessed after the date the
increase takes effect, even when the
associated violation(s) predates such
increase. Consistent with the provisions
of OCSLA and the FCPIA of 2015, this
rule adjusts the following maximum
civil monetary penalty per day per
violation:
E:\FR\FM\03FER1.SGM
03FER1
Federal Register / Vol. 82, No. 22 / Friday, February 3, 2017 / Rules and Regulations
Current
maximum
penalty
CFR citation
Description of the penalty
30 CFR 250.1403 .........................
Failure to comply per-day, per-violation ..........................
III. Procedural Requirements
A. Regulatory Planning and Review
(E.O. 12866 and 13563)
Executive Order (E.O.) 12866 provides
that the OMB Office of Information and
Regulatory Affairs will review all
significant rules. The Office of
Information and Regulatory Affairs has
determined that this rule is not
significant. (See OMB Memorandum M–
17–11 at 3).
E.O. 13563 reaffirms the principles of
E.O. 12866 while calling for
improvements in the nation’s regulatory
system to promote predictability, to
reduce uncertainty, and to use the best,
most innovative, and least burdensome
tools for achieving regulatory ends. E.O.
13563 directs agencies to consider
regulatory approaches that reduce
burdens and maintain flexibility and
freedom of choice for the public where
these approaches are relevant, feasible,
and consistent with regulatory
objectives. E.O. 13563 further
emphasizes that regulations must be
based on the best available science and
that the rulemaking process must allow
for public participation and an open
exchange of ideas. We have developed
this rule in a manner consistent with
these requirements, to the extent
permitted by statute.
asabaliauskas on DSK3SPTVN1PROD with RULES
B. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA)
requires an agency to prepare a
regulatory flexibility analysis for all
rules unless the agency certifies that the
rule will not have a significant
economic impact on a substantial
number of small entities. The RFA
applies only to rules for which an
agency is required to first publish a
proposed rule. (See 5 U.S.C. 603(a) and
604(a)). The FCPIA of 2015 expressly
exempts these annual inflation
adjustments from the requirement to
publish a proposed rule for notice and
comment. (See FCPIA of 2015 at
§ 4(b)(2); OMB Memorandum M–17–11
at 3). Thus, the RFA does not apply to
this rulemaking.
(1) Does not have an annual effect on
the economy of $100 million or more.
(2) Will not cause a major increase in
costs or prices for consumers,
individual industries, Federal, State, or
local government agencies, or
geographic regions.
(3) Does not have significant adverse
effects on competition, employment,
investment, productivity, innovation, or
the ability of U.S.-based enterprises to
compete with foreign-based enterprises.
D. Unfunded Mandates Reform Act
This rule does not impose an
unfunded mandate on State, local, or
tribal governments, or the private sector
of more than $100 million per year. The
rule does not have a significant or
unique effect on State, local, or tribal
governments or the private sector.
Therefore, a statement containing the
information required by the Unfunded
Mandates Reform Act (2 U.S.C. 1531 et
seq.) is not required.
E. Takings (E.O. 12630)
This rule does not affect a taking of
private property or otherwise have
takings implications under E.O. 12630.
Therefore, a takings implication
assessment is not required.
F. Federalism (E.O. 13132)
Under the criteria in section 1 of E.O.
13132, this rule does not have sufficient
federalism implications to warrant the
preparation of a federalism summary
impact statement. Therefore, a
federalism summary impact statement is
not required.
G. Civil Justice Reform (E.O. 12988)
This rule complies with the
requirements of E.O. 12988.
Specifically, this rule:
(1) Meets the criteria of section 3(a)
requiring that all regulations be
reviewed to eliminate errors and
ambiguity and be written to minimize
litigation; and
(2) Meets the criteria of section 3(b)(2)
requiring that all regulations be written
in clear language and contain clear legal
standards.
C. Small Business Regulatory
Enforcement Fairness Act
H. Consultation With Indian Tribes
(E.O. 13175 and Departmental Policy)
This rule is not a major rule under 5
U.S.C. 804(2), the Small Business
Regulatory Enforcement Fairness Act.
This rule:
The Department of the Interior strives
to strengthen its government-togovernment relationship with Indian
tribes through a commitment to
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$42,017
Multiplier
1.01636
9137
Adjusted
maximum
penalty
$42,704
consultation with Indian tribes and
recognition of their right to selfgovernance and tribal sovereignty. We
have evaluated this rule under the
Department of the Interior’s
consultation policy, under Departmental
Manual Part 512 Chapters 4 and 5, and
under the criteria in E.O. 13175. We
have determined that it has no
substantial direct effects on Federallyrecognized Indian tribes or Alaska
Native Claims Settlement Act (ANCSA)
Corporations, and that consultation
under the Department of the Interior’s
tribal and ANCSA consultation policies
is not required.
I. Paperwork Reduction Act
This rule does not contain
information collection requirements,
and a submission to the OMB under the
Paperwork Reduction Act (44 U.S.C.
3501 et seq.) is not required. We may
not conduct or sponsor, and you are not
required to respond to, a collection of
information unless it displays a
currently valid OMB control number.
J. National Environmental Policy Act
This rule does not constitute a major
Federal action significantly affecting the
quality of the human environment. A
detailed statement under the National
Environmental Policy Act of 1969
(NEPA) is not required because the rule
is covered by a categorical exclusion
(see 43 CFR 46.210(i)). This rule is
excluded from the requirement to
prepare a detailed statement because it
is a regulation of an administrative
nature. We have also determined that
the rule does not involve any of the
extraordinary circumstances listed in 43
CFR 46.215 that would require further
analysis under NEPA.
K. Effects on the Energy Supply (E.O.
13211)
This rule is not a significant energy
action under the definition in E.O.
13211. Therefore, a Statement of Energy
Effects is not required.
List of Subjects in 30 CFR Part 250
Administrative practice and
procedure, Continental shelf,
Environmental impact statements,
Environmental protection, Government
contracts, Incorporation by reference,
Investigations, Oil and gas exploration,
Penalties, Pipelines, Continental Shelf—
mineral resources, Continental Shelf—
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03FER1
9138
Federal Register / Vol. 82, No. 22 / Friday, February 3, 2017 / Rules and Regulations
AGENCY:
deficiencies in the state’s nonattainment
permitting program no later than a year
from the EPA finalizing this conditional
approval. Upon the EPA finding of a
timely meeting of this commitment in
full, the final conditional approval of
the SIP revisions would convert to a
final approval of Utah’s plan. This
action is being taken under section 110
of the Clean Air Act (CAA) (Act).
DATES: This final rule is effective March
6, 2017.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R08–OAR–2016–0620. All
documents in the docket are listed in
the www.regulations.gov index.
Although listed in the index, some
information is not publicly available,
e.g., CBI or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, will be publicly
available only in hard copy. Publicly
available docket materials are available
either electronically in
www.regulations.gov or in hard copy at
the Air Program, Environmental
Protection Agency (EPA), Region 8,
1595 Wynkoop Street, Denver, Colorado
80202–1129. The EPA requests you
contact the individual listed in the FOR
FURTHER INFORMATION CONTACT section to
view the hard copy of the docket. You
may view the hard copy of the docket
Monday through Friday, 8:00 a.m. to
4:00 p.m., excluding federal holidays.
FOR FURTHER INFORMATION CONTACT:
Kevin Leone, Air Program, Mailcode
8P–AR, Environmental Protection
Agency, Region 8, 1595 Wynkoop
Street, Denver, Colorado 80202–1129,
(303) 312–6227, or leone.kevin@epa.gov.
The EPA is taking final action
to conditionally approve all but one of
the State Implementation Plan (SIP)
revisions submitted by the State of Utah
on August 20, 2013, with supporting
administrative documentation
submitted on September 12, 2013. These
submittals revise the Utah
Administrative Code (UAC) that pertain
to the issuance of Utah air quality
permits for major sources in
nonattainment areas. The EPA is not
taking final action on the portion of the
August 20, 2013 submittal that revised
rule R307–420 at this time. The EPA is
taking final action to conditionally
approve the other revisions because,
while the submitted revisions to Utah’s
nonattainment permitting rules do not
fully address the deficiencies in the
state’s program, Utah has committed to
address additional remaining
I. Background
On August 20, 2013, with supporting
administrative documentation
submitted on September 12, 2013, Utah
sent the EPA revisions to their
nonattainment permitting regulations,
specifically to address deficiencies the
EPA identified in their nonattainment
permitting regulations that affected the
EPA’s ability to approve Utah’s PM10
maintenance plan and that may affect
the EPA’s ability to approve Utah’s
PM2.5 SIP. These revisions addressed
R307–403–1 (Purpose and Definitions),
R307–403–2 (Applicability), R307–403–
11 (Actual Plant-wide Applicability
Limits (PALs)), and R307–420 (Ozone
Offset Requirements in Davis and Salt
Lake Counties). In addition, Utah moved
R307–401–19 (Analysis of Alternatives)
to R307–403–10 and moved R307–401–
20 (Relaxation of Limits) to R307–403–
2. On June 2, 2016, the EPA entered into
a consent decree with the Center for
rights-of-way, Reporting and
recordkeeping requirements, Sulfur.
For the reasons given in the preamble,
the Bureau of Safety and Environmental
Enforcement amends Title 30, Chapter
II, Subchapter B, Part 250 Code of
Federal Regulations as follows.
PART 250—OIL AND GAS AND
SULFUR OPERATIONS IN THE OUTER
CONTINENTAL SHELF
1. The authority citation for part 250
continues to read as follows:
■
Authority: 30 U.S.C. 1751, 31 U.S.C. 9701,
33 U.S.C. 1321(j)(1)(C), 43 U.S.C. 1334.
2. Revise § 250.1403 to read as
follows:
■
§ 250.1403
penalty?
What is the maximum civil
The maximum civil penalty is
$42,704 per day per violation.
Richard T. Cardinale,
Acting Assistant Secretary for Land and
Minerals Management.
[FR Doc. 2017–02326 Filed 2–2–17; 8:45 am]
BILLING CODE 4310–MR–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R08–OAR–2016–0620; FRL–9958–28–
Region 8]
Approval and Promulgation of Air
Quality Implementation Plans; State of
Utah; Revisions to Nonattainment
Permitting Regulations
Environmental Protection
Agency.
ACTION: Final rule.
asabaliauskas on DSK3SPTVN1PROD with RULES
SUMMARY:
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Biological Diversity, Center for
Environmental Health, and Neighbors
for Clean Air regarding a failure to act,
pursuant to CAA sections 110(k)(2)–(4),
on certain complete SIP submissions
from states intended to address specific
requirements related to the 2006 PM2.5
national ambient air quality standard
(NAAQS) for certain nonattainment
areas, including the submittal from the
Governor of Utah dated August 20,
2013.
The SIP revisions submitted by the
Utah Department of Air Quality (UDAQ)
on August 20, 2013, establish specific
nonattainment new source review
(NNSR) permitting requirements. In this
revision, the UDAQ has incorporated
federal regulatory language—
establishing permitting requirements for
new and modified major stationary
sources in a nonattainment area—from
portions of 40 CFR 51.165 and
reformatted it into state-specific
requirements for sources in Utah under
R307–403–1 (Purpose and Definitions)
and R307–403–2 (Applicability),
including provisions relevant to NNSR
programs for PM2.5 nonattainment areas.
Additionally, UDAQ incorporated by
reference the provisions of 40 CFR
51.165(f)(1)—(f)(14) into 307–403–11
(Actual PALs), and revised R307–420 to
state that the definitions and
applicability provisions in R307–403–1
apply to this section.
CAA section 110(a)(2)(C) requires
each state plan to include ‘‘a program to
provide for . . . regulation of the
modification and construction of any
stationary source within the areas
covered by the plan as necessary to
assure that [NAAQS] are achieved,
including a permit program as required
in parts C and D of this subchapter,’’
and CAA section 172(c)(5) provides that
the plan ‘‘shall require permits for the
construction and operation of new or
modified major stationary sources
anywhere in the nonattainment area, in
accordance with section [173].’’ CAA
section 173 lays out the requirements
for obtaining a permit that must be
included in a state’s SIP-approved
permit program. CAA section
110(a)(2)(A) requires that SIPs contain
enforceable emissions limitations and
other control measures. Under section
CAA section 110(a)(2), the
enforceability requirement in section
110(a)(2)(A) applies to all plans
submitted by a state. CAA section 110(i)
(with certain limited exceptions)
prohibits states from modifying SIP
requirements for stationary sources
except through the SIP revision process.
CAA section 172(c)(7) requires that
nonattainment plans, including NNSR
programs required by section 172(c)(5),
E:\FR\FM\03FER1.SGM
03FER1
Agencies
- DEPARTMENT OF THE INTERIOR
- Bureau of Safety and Environmental Enforcement
[Federal Register Volume 82, Number 22 (Friday, February 3, 2017)]
[Rules and Regulations]
[Pages 9136-9138]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-02326]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Bureau of Safety and Environmental Enforcement
30 CFR Part 250
[Docket ID: BSEE-2017-0001; 17XE1700DX EX1SF0000.DAQ000 EEEE50000]
RIN 1014-AA34
Civil Penalty Inflation Adjustment
AGENCY: Bureau of Safety and Environmental Enforcement, Interior.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This final rule adjusts the level of the maximum civil
monetary penalty contained in the Bureau of Safety and Environmental
Enforcement (BSEE) regulations pursuant to the Outer Continental Shelf
Lands Act (OCSLA), the Federal Civil Penalties Inflation Adjustment Act
Improvements Act of 2015, and Office of Management and Budget (OMB)
guidance. The civil penalty inflation adjustment using a 1.01636
multiplier accounts for one year of inflation spanning from October
2015 to October 2016.
DATES: This rule is effective on February 3, 2017.
FOR FURTHER INFORMATION CONTACT: Robert Fisher, Acting Chief Safety and
Enforcement Division, Bureau of Safety and Environmental Enforcement,
(202) 208-3955 or by email: regs@bsee.gov.
SUPPLEMENTARY INFORMATION:
I. Background and Legal Authority
II. Calculation of Adjustments
III. Procedural Requirements
A. Regulatory Planning and Review (E.O. 12866 and 13563)
B. Regulatory Flexibility Act
C. Small Business Regulatory Enforcement Fairness Act
D. Unfunded Mandates Reform Act
E. Takings (E.O. 12630)
F. Federalism (E.O. 13132)
G. Civil Justice Reform (E.O. 12988)
H. Consultation with Indian Tribes (E.O. 13175 and Departmental
Policy)
I. Paperwork Reduction Act
J. National Environmental Policy Act
K. Effects on the Energy Supply (E.O. 13211)
I. Background and Legal Authority
The OCSLA, at 43 U.S.C. 1350(b)(1), directs the Secretary of the
Interior to adjust the OCSLA maximum civil penalty amount at least once
every three years to reflect any increase in the Consumer Price Index
to account for inflation. On November 2, 2015, the President signed
into law the Federal Civil Penalties Inflation Adjustment Act
Improvements Act of 2015 (Sec. 701 of Pub. L. 114-74) (FCPIA of 2015).
The FCPIA of 2015 requires Federal agencies to adjust the level of
civil monetary penalties with an initial ``catch-up'' adjustment
through rulemaking, if warranted, and then to make subsequent annual
adjustments for inflation. Agencies are required to publish the annual
inflation adjustments in the Federal Register by no later than January
15, 2017, and by no later than January 15 each subsequent year. The
purpose of these adjustments is to maintain the deterrent effect of
civil penalties and to further the policy goals of the underlying
statutes.
BSEE last updated civil penalty amounts in BSEE regulations through
RIN 1014-AA30 [81 FR 41801] effective July 28, 2016. Consistent with
OMB guidance, BSEE's interim final rule (IFR) implemented the catch-up
adjustments required by the FCPIA of 2015, through October 2015. No
public comments were received on the IFR, and BSEE published the final
rule on November 17, 2016 [81 FR 80994].
The OMB Memorandum M-17-11 (Implementation of the 2017 annual
adjustment pursuant to the FCPIA of 2015; https://www.whitehouse.gov/sites/default/files/omb/memoranda/2017/m-17-11_0.pdf) explains agency
responsibilities for: Identifying applicable penalties and performing
the annual adjustment; publishing in the Federal Register; finalizing
2016 interim final rules; applying adjusted penalty levels; and
performing agency oversight of inflation adjustments.
BSEE is promulgating this 2017 inflation adjustment for civil
penalties as a final rule pursuant to the provisions of the FCPIA of
2015 and OMB guidance. A proposed rule is not required because the
FCPIA of 2015 states that agencies shall adjust civil monetary
penalties ``notwithstanding Section 553 of the Administrative Procedure
Act.'' (FCPIA of 2015 at Sec. 4(b)(2)). Accordingly, Congress
expressly exempted the annual inflation adjustments implemented
pursuant to the FCPIA of 2015 from the pre-promulgation notice and
comment requirements of the Administrative Procedure Act (APA),
allowing them to be published as a final rule. This interpretation of
the statute is confirmed by OMB Memorandum M-17-11. (OMB Memorandum M-
17-11 at 3 (``This means that the public procedure the APA generally
requires--notice, an opportunity for comment, and a delay in effective
date--is not required for agencies to issue regulations implementing
the annual adjustment.'')).
II. Calculation of Adjustments
Under the FCPIA of 2015 and the guidance provided in OMB Memorandum
M-17-11, BSEE has identified the applicable civil monetary penalty and
calculated the necessary inflation adjustment. The previous OCSLA civil
penalty inflation adjustment accounted for inflation through October
2015. The required annual civil penalty inflation adjustment
promulgated through this rule accounts for inflation through October
2016.
Annual inflation adjustments are based on the percent change
between the Consumer Price Index for all Urban Consumers (CPI-U) for
the October preceding the date of the adjustment, and the prior year's
October CPI-U. Consistent with the guidance in OMB Memorandum M-17-11,
BSEE divided the October 2016 CPI-U by the October 2015 CPI-U to
calculate the multiplying factor. In this case, October 2016 CPI-U
(241.729)/October 2015 CPI-U (237.838) = 1.01636.
For 2017, OCSLA and the FCPIA of 2015 require that BSEE adjust the
OCSLA maximum civil penalty amount. To accomplish this, BSEE multiplied
the existing OCSLA maximum civil penalty amount ($42,017) by the
multiplying factor ($42,017 x 1.01636 = $42,704.40). The FCPIA of 2015
requires that the OCSLA maximum civil penalty amount be rounded to the
nearest $1.00 at the end of the calculation process. Accordingly, the
adjusted OCSLA maximum civil penalty is $42,704.
Pursuant to the FCPIA of 2015, the increase in the OCSLA maximum
civil penalty amount applies to civil penalties assessed after the date
the increase takes effect, even when the associated violation(s)
predates such increase. Consistent with the provisions of OCSLA and the
FCPIA of 2015, this rule adjusts the following maximum civil monetary
penalty per day per violation:
[[Page 9137]]
----------------------------------------------------------------------------------------------------------------
Current Adjusted
CFR citation Description of the penalty maximum Multiplier maximum
penalty penalty
----------------------------------------------------------------------------------------------------------------
30 CFR 250.1403.................... Failure to comply per-day, $42,017 1.01636 $42,704
per-violation.
----------------------------------------------------------------------------------------------------------------
III. Procedural Requirements
A. Regulatory Planning and Review (E.O. 12866 and 13563)
Executive Order (E.O.) 12866 provides that the OMB Office of
Information and Regulatory Affairs will review all significant rules.
The Office of Information and Regulatory Affairs has determined that
this rule is not significant. (See OMB Memorandum M-17-11 at 3).
E.O. 13563 reaffirms the principles of E.O. 12866 while calling for
improvements in the nation's regulatory system to promote
predictability, to reduce uncertainty, and to use the best, most
innovative, and least burdensome tools for achieving regulatory ends.
E.O. 13563 directs agencies to consider regulatory approaches that
reduce burdens and maintain flexibility and freedom of choice for the
public where these approaches are relevant, feasible, and consistent
with regulatory objectives. E.O. 13563 further emphasizes that
regulations must be based on the best available science and that the
rulemaking process must allow for public participation and an open
exchange of ideas. We have developed this rule in a manner consistent
with these requirements, to the extent permitted by statute.
B. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA) requires an agency to prepare
a regulatory flexibility analysis for all rules unless the agency
certifies that the rule will not have a significant economic impact on
a substantial number of small entities. The RFA applies only to rules
for which an agency is required to first publish a proposed rule. (See
5 U.S.C. 603(a) and 604(a)). The FCPIA of 2015 expressly exempts these
annual inflation adjustments from the requirement to publish a proposed
rule for notice and comment. (See FCPIA of 2015 at Sec. 4(b)(2); OMB
Memorandum M-17-11 at 3). Thus, the RFA does not apply to this
rulemaking.
C. Small Business Regulatory Enforcement Fairness Act
This rule is not a major rule under 5 U.S.C. 804(2), the Small
Business Regulatory Enforcement Fairness Act. This rule:
(1) Does not have an annual effect on the economy of $100 million
or more.
(2) Will not cause a major increase in costs or prices for
consumers, individual industries, Federal, State, or local government
agencies, or geographic regions.
(3) Does not have significant adverse effects on competition,
employment, investment, productivity, innovation, or the ability of
U.S.-based enterprises to compete with foreign-based enterprises.
D. Unfunded Mandates Reform Act
This rule does not impose an unfunded mandate on State, local, or
tribal governments, or the private sector of more than $100 million per
year. The rule does not have a significant or unique effect on State,
local, or tribal governments or the private sector. Therefore, a
statement containing the information required by the Unfunded Mandates
Reform Act (2 U.S.C. 1531 et seq.) is not required.
E. Takings (E.O. 12630)
This rule does not affect a taking of private property or otherwise
have takings implications under E.O. 12630. Therefore, a takings
implication assessment is not required.
F. Federalism (E.O. 13132)
Under the criteria in section 1 of E.O. 13132, this rule does not
have sufficient federalism implications to warrant the preparation of a
federalism summary impact statement. Therefore, a federalism summary
impact statement is not required.
G. Civil Justice Reform (E.O. 12988)
This rule complies with the requirements of E.O. 12988.
Specifically, this rule:
(1) Meets the criteria of section 3(a) requiring that all
regulations be reviewed to eliminate errors and ambiguity and be
written to minimize litigation; and
(2) Meets the criteria of section 3(b)(2) requiring that all
regulations be written in clear language and contain clear legal
standards.
H. Consultation With Indian Tribes (E.O. 13175 and Departmental Policy)
The Department of the Interior strives to strengthen its
government-to-government relationship with Indian tribes through a
commitment to consultation with Indian tribes and recognition of their
right to self-governance and tribal sovereignty. We have evaluated this
rule under the Department of the Interior's consultation policy, under
Departmental Manual Part 512 Chapters 4 and 5, and under the criteria
in E.O. 13175. We have determined that it has no substantial direct
effects on Federally-recognized Indian tribes or Alaska Native Claims
Settlement Act (ANCSA) Corporations, and that consultation under the
Department of the Interior's tribal and ANCSA consultation policies is
not required.
I. Paperwork Reduction Act
This rule does not contain information collection requirements, and
a submission to the OMB under the Paperwork Reduction Act (44 U.S.C.
3501 et seq.) is not required. We may not conduct or sponsor, and you
are not required to respond to, a collection of information unless it
displays a currently valid OMB control number.
J. National Environmental Policy Act
This rule does not constitute a major Federal action significantly
affecting the quality of the human environment. A detailed statement
under the National Environmental Policy Act of 1969 (NEPA) is not
required because the rule is covered by a categorical exclusion (see 43
CFR 46.210(i)). This rule is excluded from the requirement to prepare a
detailed statement because it is a regulation of an administrative
nature. We have also determined that the rule does not involve any of
the extraordinary circumstances listed in 43 CFR 46.215 that would
require further analysis under NEPA.
K. Effects on the Energy Supply (E.O. 13211)
This rule is not a significant energy action under the definition
in E.O. 13211. Therefore, a Statement of Energy Effects is not
required.
List of Subjects in 30 CFR Part 250
Administrative practice and procedure, Continental shelf,
Environmental impact statements, Environmental protection, Government
contracts, Incorporation by reference, Investigations, Oil and gas
exploration, Penalties, Pipelines, Continental Shelf--mineral
resources, Continental Shelf--
[[Page 9138]]
rights-of-way, Reporting and recordkeeping requirements, Sulfur.
For the reasons given in the preamble, the Bureau of Safety and
Environmental Enforcement amends Title 30, Chapter II, Subchapter B,
Part 250 Code of Federal Regulations as follows.
PART 250--OIL AND GAS AND SULFUR OPERATIONS IN THE OUTER
CONTINENTAL SHELF
0
1. The authority citation for part 250 continues to read as follows:
Authority: 30 U.S.C. 1751, 31 U.S.C. 9701, 33 U.S.C.
1321(j)(1)(C), 43 U.S.C. 1334.
0
2. Revise Sec. 250.1403 to read as follows:
Sec. 250.1403 What is the maximum civil penalty?
The maximum civil penalty is $42,704 per day per violation.
Richard T. Cardinale,
Acting Assistant Secretary for Land and Minerals Management.
[FR Doc. 2017-02326 Filed 2-2-17; 8:45 am]
BILLING CODE 4310-MR-P