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Federal Register / Vol. 82, No. 114 / Thursday, June 15, 2017 / Rules and Regulations

2000), nor will it impose substantial
direct costs on tribal governments or
preempt tribal law.
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by August 14, 2017. Filing a
petition for reconsideration by the
Administrator of this final rule does not
affect the finality of this action for the
purposes of judicial review nor does it
extend the time within which a petition
for judicial review may be filed, and
shall not postpone the effectiveness of
such rule or action. This action may not
be challenged later in proceedings to
enforce its requirements. See section
307(b)(2).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Volatile organic
compounds.
Dated: May 25, 2017.
V. Anne Heard,
Acting Regional Administrator, Region 4.

40 CFR part 52 is amended as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:

■

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Authority: 42 U.S.C. 7401 et seq.

Subpart RR—Tennessee
■

2. Add § 52.2219 to read as follows:

§ 52.2219

Conditional approval.

Tennessee submitted a letter to EPA
on December 7, 2016, with a
commitment to address the State

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Implementation Plan deficiencies
regarding requirements of Clean Air Act
section 110(a)(2)(D)(i)(II) related to
interference with measures to protect
visibility in another state (prong 4) for
the 2010 1-hour NO2, 2010 1-hour SO2,
and 2012 annual PM2.5 NAAQS. EPA
conditionally approved the prong 4
portions of Tennessee’s March 13, 2014,
2010 1-hour NO2 and 2010 1-hour SO2
infrastructure SIP submission and
December 16, 2015, 2012 annual PM2.5
infrastructure SIP submission in an
action published in the Federal Register
on June 15, 2017. If Tennessee fails to
meet its commitment by June 15, 2018,
the conditional approval will
automatically become a disapproval on
that date and EPA will issue a finding
of disapproval.
[FR Doc. 2017–12342 Filed 6–14–17; 8:45 am]
BILLING CODE 6560–50–P

DEPARTMENT OF THE INTERIOR
Bureau of Land Management
43 CFR Part 3170
[17X.LLWO310000.L13100000.PP0000]
RIN 1004–AE14

Waste Prevention, Production Subject
to Royalties, and Resource
Conservation; Postponement of
Certain Compliance Dates
Bureau of Land Management,
Interior.
ACTION: Notification; postponement of
compliance dates.
AGENCY:

On November 18, 2016, the
Bureau of Land Management (BLM)
issued a final rule entitled, ‘‘Waste
Prevention, Production Subject to
Royalties, and Resource Conservation’’
(the ‘‘Waste Prevention Rule’’ or
‘‘Rule’’). Immediately after the Waste
Prevention Rule was issued, petitions
for judicial review of the Rule were filed
by industry groups and States with
significant BLM-managed Federal and
Indian minerals. This litigation has been
consolidated and is now pending in the
U.S. District Court for the District of
Wyoming. In light of the existence and
potential consequences of the pending
litigation, the BLM has concluded that
justice requires it to postpone the
compliance dates for certain sections of
the Rule pursuant to the Administrative
Procedure Act, pending judicial review.
DATES: June 15, 2017.
FOR FURTHER INFORMATION CONTACT:
Timothy Spisak at the BLM Washington
Office, 20 M Street SE., Room 2134 LM,
SUMMARY:

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Washington, DC 20003, or by telephone
at 202–912–7311. For questions relating
to regulatory process issues, contact
Faith Bremner at 202–912–7441.
Persons who use a
telecommunications device for the deaf
(TDD) may call the Federal Relay
Service (FRS) at 1–800–877–8339 to
contact these individuals during normal
business hours. FRS is available 24
hours a day, 7 days a week to leave a
message or question with these
individuals. You will receive a reply
during normal business hours.
SUPPLEMENTARY INFORMATION:
I. Background
On November 18, 2016, the BLM
published the Waste Prevention Rule.
(81 FR 83008) The Rule addresses,
among other things, the loss of natural
gas through venting, flaring, and leaks
during the production of Federal and
Indian oil and gas. The Rule replaced
Notice to Lessees and Operators of
Onshore Federal and Indian Oil and Gas
Leases, Royalty or Compensation for Oil
and Gas Lost (1980) (‘‘NTL–4A’’), which
governed the venting and flaring of
Federal and Indian gas for more than
three decades. In addition to updating
and revising the requirements of NTL–
4A, the Rule contained new
requirements that operators capture a
certain percentage of the gas they
produce (43 CFR 3179.7), measure
flared volumes (43 CFR 3179.9),
upgrade or replace pneumatic
equipment (43 CFR 3179.201–179.202),
capture or combust storage tank vapors
(43 CFR 3179.203), and implement leak
detection and repair (LDAR) programs
(43 CFR 3179.301–.305). The Rule did
not obligate operators to comply with
these new requirements until January
17, 2018. Compliance with certain other
provisions of the Rule is already
mandatory, including the requirement
that operators submit a ‘‘waste
minimization plan’’ with applications
for permits to drill (43 CFR 3162.3–1),
new regulations for the royalty-free use
of production (43 CFR subpart 3178),
new regulatory definitions of
‘‘unavoidably lost’’ and ‘‘avoidably lost’’
oil and gas (43 CFR 3179.4), limits on
venting and flaring during drilling and
production operations (43 CFR
3179.101–179.105), and requirements
for downhole well maintenance and
liquids unloading (43 CFR 3179.204).
Immediately after the Rule was
issued, petitions for judicial review of
the Rule were filed by industry groups
and States with significant BLMmanaged Federal and Indian minerals.
The petitioners in this litigation are the
Western Energy Alliance (WEA), the
Independent Petroleum Association of

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Federal Register / Vol. 82, No. 114 / Thursday, June 15, 2017 / Rules and Regulations
America, the State of Wyoming, the
State of Montana, the State of North
Dakota, and the State of Texas. This
litigation has been consolidated and is
now pending in the U.S. District Court
for the District of Wyoming. Wyoming v.
U.S. Dep’t of the Interior, Case No. 2:16–
cv–00285–SWS (D. Wyo.). Petitioners
assert that the BLM was arbitrary and
capricious in promulgating the Rule and
that the Rule exceeds the BLM’s
statutory authority.
On March 28, 2017, the President
issued Executive Order No. 13783 (E.O.
13783) entitled, ‘‘Promoting Energy
Independence and Economic Growth.’’
E.O. 13783 directed the Secretary of the
Interior (Secretary) to review the Rule
for consistency with the policies set
forth in Section 1 of E.O. 13783 and, if
appropriate, publish for notice and
comment a proposed rule suspending,
revising, or rescinding the Rule. E.O.
13783 Sec. 7(b). On March 29, 2017, the
Secretary issued Secretarial Order 3349
implementing E.O. 13783. The
Department’s review of the Rule is
ongoing.
The Secretary has received written
requests from WEA and the American
Petroleum Institute (API) that the BLM
suspend the Rule or postpone its
compliance dates in light of the
regulatory uncertainty created by the
pending litigation and the ongoing
administrative review of the Rule. Letter
from Kathleen M. Sgamma to Secretary
Zinke (April 4, 2017); letter from Jack N.
Gerard to Secretary Zinke (May 16,
2017). Both API and WEA stated that
operators face the prospect of significant
expenditures to comply with provisions
of the Rule that will become operative
in January 2018. WEA specifically noted
that the LDAR, storage tank, and
pneumatic device provisions will
require operators to begin purchasing
and installing tens of thousands of
replacement parts in the near future.
Section 705 of the Administrative
Procedure Act (APA), 5 U.S.C. 705,
provides that, ‘‘[w]hen an agency finds
that justice so requires, it may postpone
the effective date of action taken by it,
pending judicial review.’’ The Rule
obligates operators to comply with its
‘‘capture percentage,’’ flaring
measurement, pneumatic equipment,
storage tank, and LDAR provisions
beginning on January 17, 2018. This
compliance date has not yet passed and
is within the meaning of the term
‘‘effective date’’ as that term is used in
Section 705 of the APA. Considering the
substantial cost that complying with
these requirements poses to operators
(see U.S. Bureau of Land Management,
Regulatory Impact Analysis for:
Revisions to 43 CFR subpart 3100

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(Onshore Oil and Gas Leasing) and 43
CFR subpart 3600 (sic) (Onshore Oil and
Gas Operations), Additions of 43 CFR
subpart 3178 (Royalty-Free Use of Lease
Production) and 43 CFR subpart 3179
(Waste Prevention and Resource
Conservation) (November 10, 2016)),
and the uncertain future these
requirements face in light of the
pending litigation and administrative
review of the Rule, the BLM finds that
justice requires it to postpone the future
compliance dates for the following
sections of the Rule: 43 CFR 3179.7,
3179.9, 3179.201, 3179.202, 3179.203,
and 3179.301–3179.305.
While the BLM believes the Waste
Prevention Rule was properly
promulgated, the petitioners have raised
serious questions concerning the
validity of certain provisions of the
Rule. Given this legal uncertainty,
operators should not be required to
expend substantial time and resources
to comply with regulatory requirements
that may prove short-lived as a result of
pending litigation or the administrative
review that is already under way.
Postponing these compliance dates will
help preserve the regulatory status quo
while the litigation is pending and the
Department reviews and reconsiders the
Rule.
The provisions with compliance dates
that have passed and are therefore
unaffected by this document include:
the requirement that operators submit a
‘‘waste minimization plan’’ with
applications for permits to drill (43 CFR
3162.3–1), new regulations for the
royalty-free use of production (43 CFR
subpart 3178), new regulatory
definitions of ‘‘unavoidably lost’’ and
‘‘avoidably lost’’ oil and gas (43 CFR
3179.4), limits on venting and flaring
during drilling and production
operations (43 CFR 3179.101–179.105),
and requirements for downhole well
maintenance and liquids unloading (43
CFR 3179.204).
Separately, the BLM intends to
conduct notice-and-comment
rulemaking to suspend or extend the
compliance dates of those sections
affected by the Rule.
II. Postponement of Compliance Dates
Pursuant to Section 705 of the APA,
the BLM hereby postpones the future
compliance dates for the following
sections affected by the final rule
entitled, ‘‘Waste Prevention, Production
Subject to Royalties, and Resource
Conservation’’, pending judicial review:
43 CFR 3179.7, 3179.9, 3179.201,
3179.202, 3179.203, and 3179.301–
3179.305. BLM will publish a document
announcing the outcome of that review.

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Dated: June 9, 2017.
Katharine S. MacGregor
Delegated the Authority of the Assistant
Secretary for Land and Minerals
Management.
[FR Doc. 2017–12325 Filed 6–14–17; 8:45 am]
BILLING CODE 4310–84–P

NATIONAL FOUNDATION FOR THE
ARTS AND HUMANITIES
National Endowment for the Arts
45 CFR Parts 1149 and 1158
RIN 3135–AA33

Implementing the Federal Civil
Penalties Adjustment Act
Improvements Act of 2015
National Endowment for the
Arts, National Foundation for the Arts
and Humanities.
ACTION: Interim final rule; request for
comments.
AGENCY:

The National Endowment for
the Arts (NEA) is adjusting the
maximum civil monetary penalties that
may be imposed for violations of the
Program Fraud and Civil Remedies Act
(PFCRA) and the NEA’s Restrictions on
Lobbying to reflect the requirements of
the Federal Civil Penalties Inflation
Adjustment Act Improvements Act of
2015 (the 2015 Act). The 2015 Act
further amended the Federal Civil
Penalties Inflation Adjustment Act of
1990 (the Inflation Adjustment Act) to
improve the effectiveness of civil
monetary penalties and to maintain
their deterrent effect.
DATES:
Effective date: This rule is effective
June 15, 2017.
Comments date: Submit comments on
or before July 17, 2017.
ADDRESSES: You may submit comments,
identified by RIN 3135–AA33, by any of
the following methods:
• Federal eRulemaking Portal:
https://www.regulations.gov. Follow the
instructions for submitting comments.
• Email: [email protected].
Include RIN 3135–AA33 in the subject
line of the message.
• Mail: National Endowment for the
Arts, Office of the General Counsel, 400
7th Street SW., Second Floor,
Washington, DC 20506.
• Hand Delivery/Courier: National
Endowment for the Arts, Office of the
General Counsel, 400 7th Street SW.,
Second Floor, Washington, DC 20506.
Instructions: All submissions received
must include the agency name and
docket number or Regulatory
SUMMARY:

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