RIN 1024-AE37, 10864-10866 [2017-03138]

Download as PDF 10864 Federal Register / Vol. 82, No. 31 / Thursday, February 16, 2017 / Rules and Regulations comment on this delay would have been impractical, as well as contrary to the public interest in the orderly promulgation and implementation of regulations. This notice does not impact the Supplemental Notice of Proposed Rulemaking (SNPRM) also entitled Confidentiality of Substance Use Disorder Patient Records and issued on January 18, 2017 (82 FR 5485). The SNPRM proposes for public comment additional provisions beyond those in the final rule to clarify the scope of permissible disclosures to contractors, subcontractors, and legal representatives. The SNPRM comment period will remain unchanged and will close on February 17, 2017. Dated: February 10, 2017. Kana Enomoto, Acting Deputy Assistant Secretary for Mental Health and Substance Use. Approved: Thomas E. Price, M.D., Secretary, Department of Health and Human Services. [FR Doc. 2017–03185 Filed 2–15–17; 8:45 am] BILLING CODE P DEPARTMENT OF HEALTH AND HUMAN SERVICES [Docket No. CDC–2015–0045] 42 CFR Part 73 RIN 0920–AA59 The effective date for the final rule published January 19, 2017, at 82 FR 6278, is delayed until March 21, 2017. DATES: Dr. Samuel S. Edwin, Director, Division of Select Agents and Toxins, Centers for Disease Control and Prevention, 1600 Clifton Road NE., MS A–46, Atlanta, Georgia, 30329. Telephone: 404–718– 2000. FOR FURTHER INFORMATION CONTACT: On January 19, 2017, HHS/CDC published a final rule titled ‘‘Possession, Use, and Transfer of Select Agents and Toxins; Biennial Review and Enhanced Biosafety Requirements’’ (82 FR 6278) with an effective date of February 21, 2017. With this document, HHS/CDC announces a new effective date of March 21, 2017 for this final rule. In a companion document published in this issue of the Federal Register, the U.S. Department of Agriculture (USDA) is making a parallel change in the effective date of their final rule. HHS/CDC bases this action on the memorandum of January 20, 2017 from the Assistant to the President and Chief of Staff entitled ‘‘Regulatory Freeze Pending Review.’’ This memorandum directed the heads of Executive Departments and Agencies to temporarily postpone for sixty days from the date of the memorandum the effective dates of all regulations that had been published in the Federal Register but had not yet taken effect. SUPPLEMENTARY INFORMATION: Possession, Use, and Transfer of Select Agents and Toxins; Biennial Review and Enhanced Biosafety Requirements; Delay of Effective Date Dated: February 9, 2017. Norris Cochran, Acting Secretary, Department of Health and Human Services. Centers for Disease Control and Prevention (CDC), Department of Health and Human Services (HHS) ACTION: Final rule; delay of effective date. [FR Doc. 2017–03044 Filed 2–15–17; 8:45 am] The Centers for Disease Control and Prevention (CDC) in the Department of Health and Human Services (HHS) announces a delay in the effective date of the final rule titled ‘‘Possession, Use, and Transfer of Select Agents and Toxins, Biennial Review and Enhanced Biosafety Requirements’’ that published on January 19, 2017. In a companion document published in this issue of the Federal Register, the U.S. Department of Agriculture (USDA) is making a parallel change in the effective date of their final rule. This action is undertaken in accordance with the memorandum of January 20, 2017 from the Assistant to the President and Chief of Staff entitled ‘‘Regulatory Freeze Pending Review.’’ Office of the Secretary of the Interior AGENCY: jstallworth on DSK7TPTVN1PROD with RULES SUMMARY: VerDate Sep<11>2014 11:26 Feb 15, 2017 Jkt 241001 BILLING CODE 4163–18–P DEPARTMENT OF THE INTERIOR 43 CFR Part 10 [NPS–WASO–NAGPRA–22726; GPO Deposit Acct. 4311H2] RIN 1024–AE37 Civil Penalties Inflation Adjustments Office of the Secretary, Interior. Final rule. AGENCY: ACTION: This rule revises U.S. Department of the Interior regulations implementing the Native American Graves Protection and Repatriation Act to provide for annual adjustments of civil penalties to account for inflation SUMMARY: PO 00000 Frm 00010 Fmt 4700 Sfmt 4700 under the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 and Office of Management and Budget guidance. The purpose of these adjustments is to maintain the deterrent effect of civil penalties and to further the policy goals of the underlying statutes. DATES: This rule is effective on February 16, 2017. FOR FURTHER INFORMATION CONTACT: Melanie O’Brien, Manager, National NAGPRA Program, National Park Service, 1849 C Street NW., Washington, DC 20240. SUPPLEMENTARY INFORMATION: 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 no later than January 15 of each year. 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 U.S. Department of the Interior (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 was 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 Department issued an interim final rule providing for calculated catchup adjustments to civil monetary penalties contained in regulations E:\FR\FM\16FER1.SGM 16FER1 10865 Federal Register / Vol. 82, No. 31 / Thursday, February 16, 2017 / Rules and Regulations implementing the Native American Graves Protection and Repatriation Act (NAGPRA) on June 28, 2016 (81 FR 41858) and requested comments post- promulgation. The Department issued a correcting amendment to the interim final rule on September 20, 2016 (81 FR 64356) that adjusted the following civil Current penalty CFR citation Description of the penalty 43 CFR 10.12(g)(2) ................ 43 CFR 10.12(g)(3) ................ Failure of Museum to Comply ................................................ Continued Failure to Comply Per Day .................................... 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, the guidance Description of the penalty 43 CFR 10.12(g)(2) ................ 43 CFR 10.12(g)(3) ................ Failure of Museum to Comply ................................................ Continued Failure to Comply Per Day .................................... III. Procedural Requirements jstallworth on DSK7TPTVN1PROD with RULES 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 VerDate Sep<11>2014 11:26 Feb 15, 2017 Jkt 241001 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 The Regulatory Flexibility Act (RFA) requires an agency to prepare a regulatory flexibility analysis for 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 RFA does not apply to this final rule because the PO 00000 Frm 00011 Fmt 4700 Sfmt 4700 $5,000 1,000 Catchup adjustment $1,428 268 Adjusted penalty $6,428 1,286 instructs agencies to 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 Department regulations implementing NAGPRA for 2017 by multiplying 1.01636 (i.e., the cost-of-living adjustment multiplier for 2017) by each penalty amount as updated by the catchup adjustment made in 2016: Current penalty including catch-up adjustment CFR citation 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 Department is collecting or has collected. Nor does the Act change an agency’s existing statutory authorities to adjust penalties. monetary penalties, effective on September 20, 2016: $6,428 1,286 Annual adjustment (multiplier) 1.01636 1.01636 Adjusted penalty $6,533 1,307 Office of the Secretary is not required to publish a proposed rule for the reasons explained below in Section III.L. 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 E:\FR\FM\16FER1.SGM 16FER1 10866 Federal Register / Vol. 82, No. 31 / Thursday, February 16, 2017 / Rules and Regulations statement containing the information required by the Unfunded Mandates Reform Act (2 U.S.C. 1531 et seq.) is not required. E. Takings (E.O. 12630) This rule does not effect a taking of private property or otherwise have 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 E.O. 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. jstallworth on DSK7TPTVN1PROD with RULES 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. 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. 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. List of Subjects in 43 CFR Part 10 Administrative practice and procedure, Hawaiian Natives, Historic preservation, Indians—claims, Indians—lands, Museums, Penalties, Public lands, Reporting and recordkeeping requirements. For the reasons given in the preamble, the Office of the Secretary amends 43 CFR part 10 as follows. PART 10—NATIVE AMERICAN GRAVES PROTECTION AND REPATRIATION REGULATIONS J. National Environmental Policy Act 1. The authority citation for part 10 continues to read as follows: This rule does not constitute a major Federal action significantly affecting the Authority: 16 U.S.C. 470dd; 25 U.S.C. 9, 3001 et seq. VerDate Sep<11>2014 11:26 Feb 15, 2017 Jkt 241001 ■ PO 00000 Frm 00012 Fmt 4700 Sfmt 4700 § 10.12 [Amended] 2. In § 10.12, in paragraph (g)(2) introductory text, remove ‘‘$6,428’’ and add in its place ‘‘$6,533’’ and in paragraph (g)(3), remove ‘‘$1,286’’ and add in its place ‘‘$1,307’’. ■ Maureen Foster, Acting Assistant Secretary for Fish and Wildlife and Parks. [FR Doc. 2017–03138 Filed 2–15–17; 8:45 am] BILLING CODE 4312–52–P FEDERAL COMMUNICATIONS COMMISSION 47 CFR Part 73 [MB Docket No. 05–142; RM–11220; DA 17– 124] Radio Broadcasting Services; Roma and San Isidro, Texas Federal Communications Commission. ACTION: Final rule. AGENCY: At the request of La Voz Latina (LVL) and Charles Crawford (Crawford), respectively, the Audio Division amends the FM Table of Allotments, by allotting Channel 278A at San Isidro, Texas, and deleting Channel 278A at Roma, Texas. Channel 278A at San Isidro, Texas, will be the community’s second local service. The Audio Division, therefore, grants both LVL’s counterproposal and Crawford’s ‘‘Withdrawal of Expression of Interest.’’ A staff engineering analysis indicates Channel 278A can be allotted to San Isidro consistent with the minimum distance separation requirements of the Commission’s rules with a site restriction 6 kilometers west of the community. The reference coordinates are 26–42–15 NL and 98–29–48 WL. DATES: Effective March 20, 2017. FOR FURTHER INFORMATION CONTACT: Adrienne Y. Denysyk, Media Bureau, (202) 418–2700. SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission’s Memorandum Report and Order, MB Docket No. 05–142, adopted February 2, 2017, and released February 3, 2017. The full text of this Commission decision is available for inspection and copying during normal business hours in the FCC’s Reference Information Center at Portals II, CY–A257, 445 12th Street SW., Washington, DC 20554. The full text is also available online at http://apps.fcc.gov/ecfs/. This document does not contain information collection requirements subject to the Paperwork Reduction Act of 1995, SUMMARY: E:\FR\FM\16FER1.SGM 16FER1

Agencies

[Federal Register Volume 82, Number 31 (Thursday, February 16, 2017)]
[Rules and Regulations]
[Pages 10864-10866]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-03138]


=======================================================================
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DEPARTMENT OF THE INTERIOR

Office of the Secretary of the Interior

43 CFR Part 10

[NPS-WASO-NAGPRA-22726; GPO Deposit Acct. 4311H2]


RIN 1024-AE37

Civil Penalties Inflation Adjustments

AGENCY: Office of the Secretary, Interior.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This rule revises U.S. Department of the Interior regulations 
implementing the Native American Graves Protection and Repatriation Act 
to provide for annual adjustments of civil penalties to account for 
inflation under the Federal Civil Penalties Inflation Adjustment Act 
Improvements Act of 2015 and Office of Management and Budget guidance. 
The purpose of these adjustments is to maintain the deterrent effect of 
civil penalties and to further the policy goals of the underlying 
statutes.

DATES: This rule is effective on February 16, 2017.

FOR FURTHER INFORMATION CONTACT: Melanie O'Brien, Manager, National 
NAGPRA Program, National Park Service, 1849 C Street NW., Washington, 
DC 20240.

SUPPLEMENTARY INFORMATION: 

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 no later than January 15 of each year.
    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 U.S. Department of the Interior (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 was 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 Department issued an interim final rule providing for 
calculated catch-up adjustments to civil monetary penalties contained 
in regulations

[[Page 10865]]

implementing the Native American Graves Protection and Repatriation Act 
(NAGPRA) on June 28, 2016 (81 FR 41858) and requested comments post-
promulgation. The Department issued a correcting amendment to the 
interim final rule on September 20, 2016 (81 FR 64356) that adjusted 
the following civil monetary penalties, effective on September 20, 
2016:

----------------------------------------------------------------------------------------------------------------
                                           Description of the         Current         Catchup        Adjusted
             CFR citation                        penalty              penalty       adjustment        penalty
----------------------------------------------------------------------------------------------------------------
43 CFR 10.12(g)(2)....................  Failure of Museum to              $5,000          $1,428          $6,428
                                         Comply.
43 CFR 10.12(g)(3)....................  Continued Failure to               1,000             268           1,286
                                         Comply Per Day.
----------------------------------------------------------------------------------------------------------------

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, 
the guidance instructs agencies to 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 Department 
regulations implementing NAGPRA 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
             CFR citation                  Description of the        including      adjustment       Adjusted
                                                 penalty             catch-up      (multiplier)       penalty
                                                                    adjustment
----------------------------------------------------------------------------------------------------------------
43 CFR 10.12(g)(2)....................  Failure of Museum to              $6,428         1.01636          $6,533
                                         Comply.
43 CFR 10.12(g)(3)....................  Continued Failure to               1,286         1.01636           1,307
                                         Comply Per Day.
----------------------------------------------------------------------------------------------------------------

    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 Department 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

    The Regulatory Flexibility Act (RFA) requires an agency to prepare 
a regulatory flexibility analysis for 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 RFA does not apply to this final rule 
because the Office of the Secretary is not required to publish a 
proposed rule for the reasons explained below in Section III.L.

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

[[Page 10866]]

statement containing the information required by the Unfunded Mandates 
Reform Act (2 U.S.C. 1531 et seq.) is not required.

E. Takings (E.O. 12630)

    This rule does not effect a taking of private property or otherwise 
have 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 E.O. 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. 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.

List of Subjects in 43 CFR Part 10

    Administrative practice and procedure, Hawaiian Natives, Historic 
preservation, Indians--claims, Indians--lands, Museums, Penalties, 
Public lands, Reporting and recordkeeping requirements.

    For the reasons given in the preamble, the Office of the Secretary 
amends 43 CFR part 10 as follows.

PART 10--NATIVE AMERICAN GRAVES PROTECTION AND REPATRIATION 
REGULATIONS

0
1. The authority citation for part 10 continues to read as follows:

    Authority: 16 U.S.C. 470dd; 25 U.S.C. 9, 3001 et seq.


Sec.  10.12   [Amended]

0
2. In Sec.  10.12, in paragraph (g)(2) introductory text, remove 
``$6,428'' and add in its place ``$6,533'' and in paragraph (g)(3), 
remove ``$1,286'' and add in its place ``$1,307''.

Maureen Foster,
Acting Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 2017-03138 Filed 2-15-17; 8:45 am]
 BILLING CODE 4312-52-P