[Federal Register Volume 81, Number 222 (Thursday, November 17, 2016)]
[Rules and Regulations]
[Pages 80994-80996]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-27503]
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DEPARTMENT OF THE INTERIOR
Bureau of Safety and Environmental Enforcement
30 CFR Part 250
[Docket ID: BSEE-2016-0010; 17XE1700DX EEEE500000 EX1SF0000.DAQ000]
RIN 1014-AA30
Civil Penalty Inflation Adjustment
AGENCY: Bureau of Safety and Environmental Enforcement, Interior.
ACTION: Final rule.
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SUMMARY: This final rule adjusts the level of the 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.
DATES: Effective November 17, 2016.
FOR FURTHER INFORMATION CONTACT: Robert Fisher, Acting Chief Safety and
Enforcement Division, Bureau of Safety and Environmental Enforcement,
(202) 208-3955 or by email: [email protected].
SUPPLEMENTARY INFORMATION:
I. Background
II. Calculation of Adjustment
III. Comments Received on the Interim Final Rule
IV. Procedural Matters
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)
[[Page 80995]]
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)
L. Administrative Procedure Act
I. Background
This final rule was initiated as a BSEE Interim Final Rule ``Civil
Penalty Inflation Adjustment,'' which was published in the Federal
Register on June 28, 2016. (81 FR 41801). The Interim Final Rule (IFR)
adjusted the level of the maximum civil monetary penalty contained in
BSEE regulations pursuant to OCSLA, the Federal Civil Penalties
Inflation Adjustment Act Improvements Act of 2015, and OMB guidance.
The IFR was effective July 28, 2016, and the IFR comment period closed
on August 29, 2016. No comments were received and BSEE is finalizing
the IFR as published.
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 (CPI) 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)
required that all civil monetary penalties, including the OCSLA maximum
civil penalty amount, be adjusted at least once every 4 years. Pursuant
to OCSLA and the FCPIA of 1990, the OCSLA maximum civil penalty amount
was last adjusted in 2011. (See 76 FR 38294 (June 30, 2011)). In 2014
and 2015, BSEE performed computations to determine if it should
increase the existing OCSLA maximum civil penalty amount to account for
inflation. After performing those computations, BSEE determined that
adjustments of the OCSLA maximum civil penalty amounts were not
warranted in 2014 and 2015.
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, if warranted, through rulemaking
and then to make subsequent annual adjustments for inflation. The
purpose of these adjustments is to maintain the deterrent effect of
civil penalties and to further the policy goals of the underlying
statutes.
Pursuant to OCSLA and the FCPIA of 2015, this rule adjusts the
following maximum civil monetary penalty (per day per violation):
[GRAPHIC] [TIFF OMITTED] TR17NO16.076
II. Calculation of Adjustment
On February 24, 2016, OMB issued guidance on calculating the civil
monetary penalty adjustments pursuant to the FCPIA of 2015. (See
Memorandum for the Heads of Executive Departments and Agencies, from
Shaun Donovan, Director, OMB, re: Implementation of the Federal Civil
Penalties Inflation Adjustment Act Improvements Act of 2015). Based on
this guidance, the Department of the Interior identified applicable
civil monetary penalties and calculated the necessary adjustments. 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 initial
calculated adjustment is based on the percent change between the CPI
for all Urban Consumers 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.
For 2016, OCSLA and the FCPIA of 2015 required that BSEE adjust the
OCSLA maximum civil penalty amount and provide for the adjustment
timing. In computing the new OCSLA maximum civil penalty amount, in
accordance with the OMB guidance, BSEE divided the October 2015 CPI by
the October 2011 CPI (237.838/226.421) since BSEE last adjusted the
maximum civil penalty amount in 2011. This resulted in a multiplying
factor of 1.05042. The existing maximum civil penalty amount ($40,000)
was multiplied by the multiplying factor (40,000 x 1.05042 = 42,016.8).
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 $42,017. This
increase in the OCSLA maximum civil penalty amount does not exceed 150
percent of the OCSLA maximum civil penalty amount as of November 2,
2015, as stipulated by the FCPIA of 2015. Also, 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 took effect
(July 28, 2016), even when the associated violation(s) predate(s) such
increase.
III. Comments Received on the Interim Final Rule
Although the IFR was effective as of July 28, 2016, the IFR
included a request for public comments. The public comment period
closed on August 29, 2016. BSEE received no comments on the IFR and is
therefore finalizing this rulemaking as originally implemented by the
IFR.
IV. Procedural Matters
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.
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,
[[Page 80996]]
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.
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)). Because the FCPIA of 2015 requires
agencies to adjust penalties for the catch-up adjustment through an
interim final rulemaking, agencies are not required to complete a
notice and comment process prior to promulgation. 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 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:
(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 and that consultation
under the Department of the Interior's tribal consultation policy 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--rights-of-way, Reporting and
recordkeeping requirements, Sulfur.
Amanda C. Leiter,
Acting Assistant Secretary, Land and Minerals Management.
PART 250--OIL AND GAS AND SULPHUR OPERATIONS IN THE OUTER
CONTINENTAL SHELF
0
Accordingly, the interim rule amending 30 CFR part 250 which was
published at 81 FR 41801 on June 28, 2016, is adopted as a final rule
without change.
[FR Doc. 2016-27503 Filed 11-16-16; 8:45 am]
BILLING CODE 4310-MR-P