Oil and Gas and Sulfur Operations in the Outer Continental Shelf-Civil Penalties Inflation Adjustments, 8930-8933 [2018-04248]
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Federal Register / Vol. 83, No. 42 / Friday, March 2, 2018 / Rules and Regulations
copies total. One copy will include the
information you claim to be confidential
with a heading or cover note that states
‘‘THIS DOCUMENT CONTAINS
CONFIDENTIAL INFORMATION.’’ The
Agency will review this copy, including
the claimed confidential information, in
its consideration of objections. The
second copy, which will have the
claimed confidential information
redacted/blacked out, will be available
for public viewing and posted on
https://www.regulations.gov. Submit
both copies to the Dockets Management
Staff. If you do not wish your name and
contact information to be made publicly
available, you can provide this
information on the cover sheet and not
in the body of your objections and you
must identify this information as
‘‘confidential.’’ Any information marked
as ‘‘confidential’’ will not be disclosed
except in accordance with 21 CFR 10.20
and other applicable disclosure law. For
more information about FDA’s posting
of comments to public dockets, see 80
FR 56469, September 18, 2015, or access
the information at: https://www.gpo.gov/
fdsys/pkg/FR-2015-09-18/pdf/201523389.pdf.
Docket: For access to the docket to
read background documents or the
electronic and written/paper objections
received, go to https://
www.regulations.gov and insert the
docket number, found in brackets in the
heading of this document, into the
‘‘Search’’ box and follow the prompts
and/or go to the Dockets Management
Staff, 5630 Fishers Lane, Rm. 1061,
Rockville, MD 20852.
FOR FURTHER INFORMATION CONTACT:
Chelsea Trull, Center for Veterinary
Medicine, Food and Drug
Administration, 7519 Standish Pl.
(HFV–224), Rockville, MD 20855, 240–
402–6729, chelsea.trull@fda.hhs.gov.
SUPPLEMENTARY INFORMATION:
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I. Background
In a notice published in the Federal
Register of September 25, 2017 (82 FR
44542), FDA announced that we had
filed a food additive petition (animal
use) (FAP 2304) submitted by Idemitsu
Kosan, Cp. Ltd., Agri-Bio Business
Dept., 1—1 Marunouchi 3-Chome,
Chiyoda-Ku, Tokyo 1000–8321, Japan.
The petition proposed that the
regulations for food additives permitted
in feed and drinking water of animals be
amended to provide for the safe use of
silicon dioxide as a carrier for flavors for
use in animal feed.
II. Conclusion
FDA concludes that the data establish
the safety and utility of silicon dioxide
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as a carrier for flavors for use in animal
feed and that the food additive
regulations should be amended as set
forth in this document. This is not a
significant regulatory action subject to
Executive Order 12866.
III. Public Disclosure
In accordance with § 571.1(h) (21 CFR
571.1(h)), the petition and documents
we considered and relied upon in
reaching our decision to approve the
petition will be made available for
inspection at the Center for Veterinary
Medicine by appointment with the
information contact person (see FOR
FURTHER INFORMATION CONTACT). As
provided in § 571.1(h), we will delete
from the documents any materials that
are not available for public disclosure
before making the documents available
for inspection.
List of Subjects in 21 CFR Part 573
Animal feeds, Food additives.
Therefore, under the Federal Food,
Drug, and Cosmetic Act and under
authority delegated to the Commissioner
of Food and Drugs, 21 CFR part 573 is
amended as follows:
PART 573—FOOD ADDITIVES
PERMITTED IN FEED AND DRINKING
WATER OF ANIMALS
1. The authority citation for part 573
continues to read as follows:
■
Authority: 21 U.S.C. 321, 342, 348.
2. In § 573.940, add paragraphs (d)
and (e) to read as follows:
■
§ 573.940
Silicon dioxide.
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(d) It is used or intended for use in
feed components, as a carrier as follows:
IV. Analysis of Environmental Impact
The Agency has determined under 21
CFR 25.32(r) that this action is of a type
that does not individually or
cumulatively have a significant effect on
the human environment. Therefore,
neither an environmental assessment,
nor an environmental impact statement
is required.
V. Objections and Hearing Requests
If you will be adversely affected by
one or more provisions of this
regulation, you may file with the
Dockets Management Staff (see
ADDRESSES) either electronic or written
objections. You must separately number
each objection, and within each
numbered objection you must specify
with particularity the provision(s) to
which you object, and the grounds for
your objection. Within each numbered
objection, you must specifically state
whether you are requesting a hearing on
the particular provision that you specify
in that numbered objection. If you do
not request a hearing for any particular
objection, you waive the right to a
hearing on that objection. If you request
a hearing, your objection must include
a detailed description and analysis of
the specific factual information you
intend to present in support of the
objection in the event that a hearing is
held. If you do not include such a
description and analysis for any
particular objection, you waive the right
to a hearing on the objection.
Any objections received in response
to the regulation may be seen in the
Dockets Management Staff between 9
a.m. and 4 p.m., Monday through
Friday, and will be posted to the docket
at https://www.regulations.gov.
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Feed component
Limitations
(percent)
Flavors ..................................
50
(e) To ensure safe use of the additive,
silicon dioxide is to be used in an
amount not to exceed that reasonably
required to accomplish its intended
effect, and silicon dioxide from all
sources cannot exceed 2 percent by
weight of the complete feed.
Dated: February 26, 2018.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2018–04275 Filed 3–1–18; 8:45 am]
BILLING CODE 4164–01–P
DEPARTMENT OF THE INTERIOR
Bureau of Ocean Energy Management
30 CFR Parts 550 and 553
[Docket ID: BOEM–2017–0079;
MMAA104000]
RIN 1010–AD99
Oil and Gas and Sulfur Operations in
the Outer Continental Shelf—Civil
Penalties Inflation Adjustments
Bureau of Ocean Energy
Management, Interior.
ACTION: Final rule.
AGENCY:
This final rule implements
the 2018 adjustment of the level of the
maximum civil monetary penalties
contained in the Bureau of Ocean
Energy Management (BOEM) regulations
pursuant to the Outer Continental Shelf
Lands Act (OCSLA), the Oil Pollution
Act of 1990 (OPA), the Federal Civil
SUMMARY:
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Federal Register / Vol. 83, No. 42 / Friday, March 2, 2018 / Rules and Regulations
Penalties Inflation Adjustment Act
Improvements Act of 2015 (FCPIA of
2015), and the Office of Management
and Budget (OMB) guidance. The 2018
adjustment multiplier of 1.02041
accounts for one year of inflation
spanning the period from October 2016
through October 2017.
DATES: This rule is effective on March 2,
2018.
FOR FURTHER INFORMATION CONTACT:
Deanna Meyer-Pietruszka, Chief, Office
of Policy, Regulation and Analysis,
Bureau of Ocean Energy Management, at
(202) 208–6352 or by email at
deanna.meyer-pietruszka@boem.gov.
SUPPLEMENTARY INFORMATION:
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I. Background and Legal Authority
II. Calculation of 2018 Adjustments
III. Procedural Requirements
A. Regulatory Planning and Review (E.O.
12866, 13563, and 13771)
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 Outer Continental Shelf Lands
Act (OCSLA) directs the Secretary of the
Interior to adjust the OCSLA maximum
civil penalty amount at least once every
three years to reflect any increase in the
Consumer Price Index to account for
inflation (43 U.S.C. 1350(b)(1)). The
Federal Civil Penalties Inflation
Adjustment Act of 1990 (Pub. L. 104–
410) (FCPIA of 1990) requires that all
civil monetary penalties, including the
OCSLA maximum civil penalty amount,
be adjusted at least once every four
years.
Similarly, the Oil Pollution Act of
1990 (OPA) authorizes the Secretary of
the Interior to impose civil penalties for
failure to comply with financial
responsibility regulations that
implement OPA. The FCPIA of 1990
requires that all civil monetary
penalties, including the OPA maximum
civil penalty amount, be adjusted for
inflation at least once every four years.
The FCPIA of 2015 requires Federal
agencies to promulgate annual inflation
adjustments for civil monetary
penalties. Specifically, agencies are
required to adjust the level of civil
monetary penalties with an initial
‘‘catch-up’’ adjustment through an
interim final rulemaking (IFR) in 2016,
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and must make subsequent annual
adjustments for inflation, beginning in
2017. Agencies were required to publish
the first annual inflation adjustments in
the Federal Register by no later than
January 15, 2017, and must publish
recurring annual inflation adjustments
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.
BOEM last adjusted the levels of civil
monetary penalties in BOEM regulations
through a final rule, RIN 1010–AD95 [82
FR 10709], which was published on
February 15, 2017.
The OMB Memorandum M–18–03,
issued December 15, 2017,
(Implementation of Penalty Inflation
Adjustments for 2018, Pursuant to the
Federal Civil Penalties Inflation
Adjustment Act Improvements Act of
2015; https://www.whitehouse.gov/wpcontent/uploads/2017/11/M-18-03.pdf)
explains agency statutory
responsibilities for: Identifying
applicable penalties and performing the
annual adjustment; publishing revisions
to regulations to implement the
adjustment in the Federal Register;
applying adjusted penalty levels; and
performing agency oversight of inflation
adjustments.
BOEM is promulgating this 2018
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 prepromulgation 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–18–03. (OMB
Memorandum M–18–03 at 4 (‘‘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 2018 Adjustments
Under the FCPIA of 2015 and the
guidance provided in OMB
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Memorandum M–18–03, BOEM has
identified applicable civil monetary
penalties and calculated the necessary
inflation adjustments. The previous
civil penalty inflation adjustments
accounted for inflation through October
2016. The required annual civil penalty
inflation adjustment promulgated
through this rule accounts for inflation
through October 2017.
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–18–03, BOEM divided
the October 2017 CPI–U by the October
2016 CPI–U to calculate the multiplying
factor. In this case, October 2017 CPI–
U (246.663)/October 2016 CPI–U
(241.729) = 1.02041. OMB
Memorandum M–18–03 confirms that
this is the proper multiplier. (See OMB
Memorandum M–18–03 at 1 and n.4).
For 2018, OCSLA and the FCPIA of
2015 require that BOEM adjust the
OCSLA maximum civil penalty amount.
To accomplish this, BOEM multiplied
the existing OCSLA maximum civil
penalty amount ($42,704) by the
multiplying factor ($42,704 × 1.02041 =
$43,575.59). The FCPIA of 2015 requires
that the resulting amount be rounded to
the nearest $1.00 at the end of the
calculation process. Accordingly, the
adjusted OCSLA maximum civil penalty
is $43,576.
For 2018, the FCPIA of 2015 requires
that BOEM adjust the OPA maximum
civil penalty amount. To accomplish
this, BOEM multiplied the current OPA
maximum civil penalty amount
($45,268) by the multiplying factor
(45,268 × 1.02041 = $46,191.92). The
FCPIA of 2015 requires that the
resulting amount be rounded to the
nearest $1.00 at the end of the
calculation process. Accordingly, the
adjusted OPA maximum civil penalty is
$46,192.
The adjusted penalty levels will take
effect immediately upon publication of
this rule. Pursuant to the FCPIA of 2015,
the increases in the OCSLA and OPA
maximum civil penalty amounts apply
to civil penalties assessed after the date
the increase takes effect, even if the
associated violation(s) predates such
increase. Consistent with the provisions
of OCSLA, OPA, and the FCPIA of 2015,
this rule adjusts the following maximum
civil monetary penalties per day per
violation:
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Federal Register / Vol. 83, No. 42 / Friday, March 2, 2018 / Rules and Regulations
Current
maximum
penalty
CFR Citation
Description of the penalty
30 CFR 550.1403 ...........
30 CFR 553.51(a) ..........
Failure to comply per day per violation ..........................................
Failure to comply per day per violation ..........................................
III. Procedural Requirements
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A. Regulatory Planning and Review
(E.O. 12866, 13563, and 13771)
Executive Order (E.O.) 12866 provides
that the Office of Information and
Regulatory Affairs (OIRA) in the OMB
will review all significant rules. OIRA
has determined that this rule is not
significant. (See OMB Memorandum M–
18–03 at 3).
E.O. 13563 reaffirms the principles of
E.O. 12866 while calling for
improvements in the Nation’s regulatory
system to reduce uncertainty and to
promote predictability and the use of
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.
We have developed this rule in a
manner consistent with these
requirements, to the extent relevant and
feasible given the limited discretion
provided agencies in FCPIA.
E.O. 13771 of January 30, 2017 directs
Federal agencies to reduce the
regulatory burden on regulated entities
and control regulatory costs. E.O. 13771,
however, applies only to significant
regulatory actions, as defined in Section
3(f) of E.O. 12866. OIRA has determined
that agency regulations exclusively
implementing the annual adjustment are
not significant regulatory actions under
E.O. 12866, provided they are consistent
with OMB Memorandum M–18–03 (See
OMB Memorandum M–18–03 at 3);
thus, E.O. 13771 does not apply to this
rulemaking.
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
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$42,704
45,268
Multiplier
1.02041
1.02041
Adjusted
maximum
penalty
$43,576
46,192
comment. (See FCPIA of 2015 at section
4(b)(2); OMB Memorandum M–18–03 at
4). Thus, the RFA does not apply to this
rulemaking.
(b) 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
This rule is not a major rule under 5
U.S.C. 804(2), the Small Business
Regulatory Enforcement Fairness Act.
This rule:
(a) Will 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; and
(c) Will 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.
H. Consultation With Indian Tribes
(E.O. 13175 and Departmental Policy)
D. Unfunded Mandates Reform Act
This rule does not impose an
unfunded mandate on state, local, or
tribal governments, or the private sector,
of more than $100 million per year. The
rule does not have a significant or
unique effect on state, local, or tribal
governments or the private sector.
Therefore, a statement containing the
information required by the Unfunded
Mandates Reform Act (2 U.S.C. 1531 et
seq.) is not required.
E. Takings (E.O. 12630)
This rule does not effect a taking of
private property or otherwise have
takings implications under E.O. 12630.
Therefore, a takings implication
assessment is not required.
F. Federalism (E.O. 13132)
Under the criteria in section 1 of E.O.
13132, this rule does not have sufficient
federalism implications to warrant the
preparation of a federalism summary
impact statement. Therefore, a
federalism summary impact statement is
not required.
G. Civil Justice Reform (E.O. 12988)
This rule complies with the
requirements of E.O. 12988.
Specifically, this rule:
(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
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The Department of the Interior strives
to strengthen its government-togovernment relationship with Indian
tribes through a commitment to
consultation with Indian tribes and
recognition of their right to selfgovernance and tribal sovereignty. We
have evaluated this rule under the
Department of the Interior’s
consultation policy, under Departmental
Manual Part 512, Chapters 4 and 5, and
under the criteria in E.O. 13175. We
have determined that it has no
substantial direct effects on 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, as a
regulation of an administrative nature,
this rule is covered by a categorical
exclusion (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. Therefore, a detailed
statement under NEPA is not required.
K. Effects on the Energy Supply (E.O.
13211)
This rule is not a significant energy
action under the definition in E.O.
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Federal Register / Vol. 83, No. 42 / Friday, March 2, 2018 / Rules and Regulations
13211. Therefore, a Statement of Energy
Effects is not required.
List of Subjects
[FR Doc. 2018–04248 Filed 3–1–18; 8:45 am]
30 CFR Part 550
Administrative practice and
procedure, Continental shelf,
Environmental impact statements,
Environmental protection, Federal
lands, Government contracts,
Investigations, Mineral resources, Oil
and gas exploration, Outer continental
shelf, Penalties, Pipelines, Reporting
and recordkeeping requirements, Rightsof-way, Sulfur.
30 CFR Part 553
Administrative practice and
procedure, Continental shelf, Financial
responsibility, Liability, Limit of
liability, Oil and gas exploration, Oil
pollution, Outer continental shelf,
Penalties, Pipelines, Reporting and
recordkeeping requirements, Rights-ofway, Surety bonds, Treasury securities.
Dated: February 12, 2018.
Joseph R. Balash,
Assistant Secretary—Land and Minerals
Management.
For the reasons stated in the
preamble, the BOEM amends 30 CFR
parts 550 and 553 as follows:
PART 550—OIL AND GAS AND
SULFUR OPERATIONS IN THE OUTER
CONTINENTAL SHELF
1. The authority citation for part 550
continues to read as follows:
■
Authority: 30 U.S.C. 1751; 31 U.S.C. 9701;
43 U.S.C. 1334.
2. Revise § 550.1403 to read as
follows:
■
§ 550.1403
penalty?
What is the maximum civil
The maximum civil penalty is
$43,576 per day per violation.
PART 553—OIL SPILL FINANCIAL
RESPONSIBILITY FOR OFFSHORE
FACILITIES
3. The authority citation for part 553
continues to read as follows:
■
Authority: 33 U.S.C. 2704, 2716; E.O.
12777, as amended.
4. In § 553.51, revise paragraph (a) to
read as follows:
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■
§ 553.51 What are the penalties for not
complying with this part?
(a) If you fail to comply with the
financial responsibility requirements of
OPA at 33 U.S.C. 2716 or with the
requirements of this part, then you may
be liable for a civil penalty of up to
$46,192 per COF per day of violation
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(that is, each day a COF is operated
without acceptable evidence of OSFR).
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BILLING CODE 4310–MR–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG–2018–0120]
Drawbridge Operation Regulation;
Sloop Channel, Hempstead, New York
Coast Guard, DHS.
Notice of deviation from
drawbridge regulation.
AGENCY:
ACTION:
The Coast Guard has issued a
temporary deviation from the operating
schedule that governs the Meadowbrook
State Parkway Bridge across the Sloop
Channel, mile 12.8, at Hempstead, New
York. This temporary deviation is
necessary to allow the bridge to remain
in the closed-to-navigation position to
facilitate the machinery rehabilitation
and spanlock replacement of the bridge.
This deviation allows the bridge to
remain in the closed position.
DATES: This deviation is effective from
7 a.m. on March 5, 2018 to 7 a.m. on
May 9, 2018.
ADDRESSES: The docket for this
deviation, USCG–2018–0120 is available
at https://www.regulations.gov. Type the
docket number in the ‘‘SEARCH’’ box
and click ‘‘SEARCH’’. Click on Open
Docket Folder on the line associated
with this deviation.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this temporary
deviation, call or email Judy Leung-Yee,
Project Officer, First Coast Guard
District, telephone (212) 514–4330,
email judy.k.leung-yee@uscg.mil.
SUPPLEMENTARY INFORMATION: The owner
of the bridge, the New York State
Department of Transportation, requested
a temporary deviation to facilitate the
machinery rehabilitation and spanlock
replacement of the bridge. The
Meadowbrook State Parkway Bridge
across the Sloop Channel, mile 12.8, has
a vertical clearance in the closed
position of 22 feet at mean high water
and 25 feet at mean low water. The
existing bridge operating regulations are
found at 33 CFR 117.799(h).
This temporary deviation allows the
Meadowbrook State Parkway Bridge to
remain in the closed position daily on
Monday, Tuesday, and Wednesday
between 7 a.m. and 7 p.m. as follows:
SUMMARY:
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March 5–7, 2018; and March 12–14,
2018. Additionally, the Meadowbrook
State Parkway Bridge shall remain in
the closed position between 7 a.m.
Monday and 7 a.m. Wednesday as
follows: April 30–May 2, 2018; and May
7–9, 2018. The majority of
Meadowbrook State Parkway Bridge
openings for the past three years
between March and April occurred on
Fridays, Saturdays and Sundays.
The waterway is transited by
commercial and recreational traffic. The
Coast Guard notified known waterway
users and there were no objections to
this temporary deviation. Vessels able to
pass under the bridge in the closed
position may do so at any time. The
bridge will not be able to open for
emergencies and there is no immediate
alternate route for vessels to pass.
The Coast Guard will also inform
waterway users of the closure through
our Local and Broadcast Notices to
Mariners of the change in operating
schedule for the bridge so that vessel
operators can arrange their transits to
minimize any impact caused by the
temporary deviation.
In accordance with 33 CFR 117.35(e),
the drawbridge must return to its regular
operating schedule immediately at the
end of the effective period of this
temporary deviation. This deviation
from the operating regulations is
authorized under 33 CFR 117.35.
Dated: February 26, 2018.
Christopher J. Bisignano,
Supervisory Bridge Management Specialist,
First Coast Guard District.
[FR Doc. 2018–04243 Filed 3–1–18; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG–2017–0050]
RIN 1625–AA09
Drawbridge Operation Regulation;
Sturgeon Bay, Sturgeon Bay, WI
Coast Guard, DHS.
Final rule.
AGENCY:
ACTION:
The Coast Guard is modifying
the operating regulation that governs the
Bayview (State Route 42/57) Bridge,
Mile 3.0, Maple-Oregon Bridge, Mile
4.17, and Michigan Street Bridge, Mile
4.3, all over the Sturgeon Bay Ship
Canal in Sturgeon Bay, WI, by
authorizing remote operation for all
three drawbridges. The operating
SUMMARY:
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]]>Agencies
[Federal Register Volume 83, Number 42 (Friday, March 2, 2018)]
[Rules and Regulations]
[Pages 8930-8933]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-04248]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Bureau of Ocean Energy Management
30 CFR Parts 550 and 553
[Docket ID: BOEM-2017-0079; MMAA104000]
RIN 1010-AD99
Oil and Gas and Sulfur Operations in the Outer Continental
Shelf--Civil Penalties Inflation Adjustments
AGENCY: Bureau of Ocean Energy Management, Interior.
ACTION: Final rule.
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SUMMARY: This final rule implements the 2018 adjustment of the level of
the maximum civil monetary penalties contained in the Bureau of Ocean
Energy Management (BOEM) regulations pursuant to the Outer Continental
Shelf Lands Act (OCSLA), the Oil Pollution Act of 1990 (OPA), the
Federal Civil
[[Page 8931]]
Penalties Inflation Adjustment Act Improvements Act of 2015 (FCPIA of
2015), and the Office of Management and Budget (OMB) guidance. The 2018
adjustment multiplier of 1.02041 accounts for one year of inflation
spanning the period from October 2016 through October 2017.
DATES: This rule is effective on March 2, 2018.
FOR FURTHER INFORMATION CONTACT: Deanna Meyer-Pietruszka, Chief, Office
of Policy, Regulation and Analysis, Bureau of Ocean Energy Management,
at (202) 208-6352 or by email at [email protected].
SUPPLEMENTARY INFORMATION:
I. Background and Legal Authority
II. Calculation of 2018 Adjustments
III. Procedural Requirements
A. Regulatory Planning and Review (E.O. 12866, 13563, and 13771)
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 Outer Continental Shelf Lands Act (OCSLA) directs the Secretary
of the Interior to adjust the OCSLA maximum civil penalty amount at
least once every three years to reflect any increase in the Consumer
Price Index to account for inflation (43 U.S.C. 1350(b)(1)). The
Federal Civil Penalties Inflation Adjustment Act of 1990 (Pub. L. 104-
410) (FCPIA of 1990) requires that all civil monetary penalties,
including the OCSLA maximum civil penalty amount, be adjusted at least
once every four years.
Similarly, the Oil Pollution Act of 1990 (OPA) authorizes the
Secretary of the Interior to impose civil penalties for failure to
comply with financial responsibility regulations that implement OPA.
The FCPIA of 1990 requires that all civil monetary penalties, including
the OPA maximum civil penalty amount, be adjusted for inflation at
least once every four years.
The FCPIA of 2015 requires Federal agencies to promulgate annual
inflation adjustments for civil monetary penalties. Specifically,
agencies are required to adjust the level of civil monetary penalties
with an initial ``catch-up'' adjustment through an interim final
rulemaking (IFR) in 2016, and must make subsequent annual adjustments
for inflation, beginning in 2017. Agencies were required to publish the
first annual inflation adjustments in the Federal Register by no later
than January 15, 2017, and must publish recurring annual inflation
adjustments 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.
BOEM last adjusted the levels of civil monetary penalties in BOEM
regulations through a final rule, RIN 1010-AD95 [82 FR 10709], which
was published on February 15, 2017.
The OMB Memorandum M-18-03, issued December 15, 2017,
(Implementation of Penalty Inflation Adjustments for 2018, Pursuant to
the Federal Civil Penalties Inflation Adjustment Act Improvements Act
of 2015; https://www.whitehouse.gov/wp-content/uploads/2017/11/M-18-03.pdf) explains agency statutory responsibilities for: Identifying
applicable penalties and performing the annual adjustment; publishing
revisions to regulations to implement the adjustment in the Federal
Register; applying adjusted penalty levels; and performing agency
oversight of inflation adjustments.
BOEM is promulgating this 2018 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-18-03. (OMB Memorandum M-18-03 at 4
(``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 2018 Adjustments
Under the FCPIA of 2015 and the guidance provided in OMB Memorandum
M-18-03, BOEM has identified applicable civil monetary penalties and
calculated the necessary inflation adjustments. The previous civil
penalty inflation adjustments accounted for inflation through October
2016. The required annual civil penalty inflation adjustment
promulgated through this rule accounts for inflation through October
2017.
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-18-03,
BOEM divided the October 2017 CPI-U by the October 2016 CPI-U to
calculate the multiplying factor. In this case, October 2017 CPI-U
(246.663)/October 2016 CPI-U (241.729) = 1.02041. OMB Memorandum M-18-
03 confirms that this is the proper multiplier. (See OMB Memorandum M-
18-03 at 1 and n.4).
For 2018, OCSLA and the FCPIA of 2015 require that BOEM adjust the
OCSLA maximum civil penalty amount. To accomplish this, BOEM multiplied
the existing OCSLA maximum civil penalty amount ($42,704) by the
multiplying factor ($42,704 x 1.02041 = $43,575.59). The FCPIA of 2015
requires that the resulting amount be rounded to the nearest $1.00 at
the end of the calculation process. Accordingly, the adjusted OCSLA
maximum civil penalty is $43,576.
For 2018, the FCPIA of 2015 requires that BOEM adjust the OPA
maximum civil penalty amount. To accomplish this, BOEM multiplied the
current OPA maximum civil penalty amount ($45,268) by the multiplying
factor (45,268 x 1.02041 = $46,191.92). The FCPIA of 2015 requires that
the resulting amount be rounded to the nearest $1.00 at the end of the
calculation process. Accordingly, the adjusted OPA maximum civil
penalty is $46,192.
The adjusted penalty levels will take effect immediately upon
publication of this rule. Pursuant to the FCPIA of 2015, the increases
in the OCSLA and OPA maximum civil penalty amounts apply to civil
penalties assessed after the date the increase takes effect, even if
the associated violation(s) predates such increase. Consistent with the
provisions of OCSLA, OPA, and the FCPIA of 2015, this rule adjusts the
following maximum civil monetary penalties per day per violation:
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Current Adjusted
CFR Citation Description of the maximum Multiplier maximum
penalty penalty penalty
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30 CFR 550.1403........................ Failure to comply per $42,704 1.02041 $43,576
day per violation.
30 CFR 553.51(a)....................... Failure to comply per 45,268 1.02041 46,192
day per violation.
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III. Procedural Requirements
A. Regulatory Planning and Review (E.O. 12866, 13563, and 13771)
Executive Order (E.O.) 12866 provides that the Office of
Information and Regulatory Affairs (OIRA) in the OMB will review all
significant rules. OIRA has determined that this rule is not
significant. (See OMB Memorandum M-18-03 at 3).
E.O. 13563 reaffirms the principles of E.O. 12866 while calling for
improvements in the Nation's regulatory system to reduce uncertainty
and to promote predictability and the use of 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. We have developed this rule in a manner consistent with
these requirements, to the extent relevant and feasible given the
limited discretion provided agencies in FCPIA.
E.O. 13771 of January 30, 2017 directs Federal agencies to reduce
the regulatory burden on regulated entities and control regulatory
costs. E.O. 13771, however, applies only to significant regulatory
actions, as defined in Section 3(f) of E.O. 12866. OIRA has determined
that agency regulations exclusively implementing the annual adjustment
are not significant regulatory actions under E.O. 12866, provided they
are consistent with OMB Memorandum M-18-03 (See OMB Memorandum M-18-03
at 3); thus, E.O. 13771 does not apply to this rulemaking.
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 section 4(b)(2); OMB
Memorandum M-18-03 at 4). 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:
(a) Will 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; and
(c) Will not have significant adverse effects on competition,
employment, investment, productivity, innovation, or the ability of
U.S.-based enterprises to compete with foreign-based enterprises.
D. Unfunded Mandates Reform Act
This rule does not impose an unfunded mandate on state, local, or
tribal governments, or the private sector, of more than $100 million
per year. The rule does not have a significant or unique effect on
state, local, or tribal governments or the private sector. Therefore, a
statement containing the information required by the Unfunded Mandates
Reform Act (2 U.S.C. 1531 et seq.) is not required.
E. Takings (E.O. 12630)
This rule does not effect a taking of private property or otherwise
have takings implications under E.O. 12630. Therefore, a takings
implication assessment is not required.
F. Federalism (E.O. 13132)
Under the criteria in section 1 of E.O. 13132, this rule does not
have sufficient federalism implications to warrant the preparation of a
federalism summary impact statement. Therefore, a federalism summary
impact statement is not required.
G. Civil Justice Reform (E.O. 12988)
This rule complies with the requirements of E.O. 12988.
Specifically, this rule:
(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 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, as a regulation of an administrative nature, this
rule is covered by a categorical exclusion (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. Therefore, a detailed statement under NEPA
is not required.
K. Effects on the Energy Supply (E.O. 13211)
This rule is not a significant energy action under the definition
in E.O.
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13211. Therefore, a Statement of Energy Effects is not required.
List of Subjects
30 CFR Part 550
Administrative practice and procedure, Continental shelf,
Environmental impact statements, Environmental protection, Federal
lands, Government contracts, Investigations, Mineral resources, Oil and
gas exploration, Outer continental shelf, Penalties, Pipelines,
Reporting and recordkeeping requirements, Rights-of-way, Sulfur.
30 CFR Part 553
Administrative practice and procedure, Continental shelf, Financial
responsibility, Liability, Limit of liability, Oil and gas exploration,
Oil pollution, Outer continental shelf, Penalties, Pipelines, Reporting
and recordkeeping requirements, Rights-of-way, Surety bonds, Treasury
securities.
Dated: February 12, 2018.
Joseph R. Balash,
Assistant Secretary--Land and Minerals Management.
For the reasons stated in the preamble, the BOEM amends 30 CFR
parts 550 and 553 as follows:
PART 550--OIL AND GAS AND SULFUR OPERATIONS IN THE OUTER
CONTINENTAL SHELF
0
1. The authority citation for part 550 continues to read as follows:
Authority: 30 U.S.C. 1751; 31 U.S.C. 9701; 43 U.S.C. 1334.
0
2. Revise Sec. 550.1403 to read as follows:
Sec. 550.1403 What is the maximum civil penalty?
The maximum civil penalty is $43,576 per day per violation.
PART 553--OIL SPILL FINANCIAL RESPONSIBILITY FOR OFFSHORE
FACILITIES
0
3. The authority citation for part 553 continues to read as follows:
Authority: 33 U.S.C. 2704, 2716; E.O. 12777, as amended.
0
4. In Sec. 553.51, revise paragraph (a) to read as follows:
Sec. 553.51 What are the penalties for not complying with this part?
(a) If you fail to comply with the financial responsibility
requirements of OPA at 33 U.S.C. 2716 or with the requirements of this
part, then you may be liable for a civil penalty of up to $46,192 per
COF per day of violation (that is, each day a COF is operated without
acceptable evidence of OSFR).
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[FR Doc. 2018-04248 Filed 3-1-18; 8:45 am]
BILLING CODE 4310-MR-P
