Inflation Adjustments to Civil Monetary Penalty Rates for Calendar Year 2018, 2907-2909 [2018-00969]

Download as PDF Federal Register / Vol. 83, No. 14 / Monday, January 22, 2018 / Rules and Regulations excess of this amount against amounts otherwise due. (b) To the extent that revenue derived from fees imposed under the rates of fees established under § 514.2 are not expended or committed at the close of any fiscal year, such funds shall remain available until expended to defray the costs of operations of the Commission. § 514.15 May tribes submit fingerprint cards to the Commission for processing? Dated: January 9, 2018. Jonodev O. Chaudhuri, Chairman. Kathryn Isom-Clause, Vice Chair. E. Sequoyah Simermeyer, Associate Commissioner. [FR Doc. 2018–00877 Filed 1–19–18; 8:45 am] BILLING CODE 7565–01–P DEPARTMENT OF THE INTERIOR § 514.16 How does the Commission adopt the fingerprint processing fee? [Docket No. ONRR–2017–0003; DS63644000 DR2PS0000.CH7000 189D0102R2] (a) The Commission shall review annually the costs involved in processing fingerprint cards and, by a vote of not less than two of its members, shall adopt the fingerprint processing fee no later than November 1st of each year. (b) The Commission shall publish the fingerprint processing fee in a notice in the Federal Register. (c) The fingerprint processing fee shall be based on fees charged by the Federal Bureau of Investigation and costs incurred by the Commission. Commission costs include Commission personnel, supplies, equipment costs, and postage to submit the results to the requesting tribe. RIN 1012–AA23 (a) Fees for processing fingerprint cards will be billed monthly to each Tribe for cards processed during the prior month. Tribes shall pay the amount billed within forty-five (45) days of the date of the bill. (b) The Chair may suspend fingerprint card processing for a tribe that has a bill remaining unpaid for more than fortyfive (45) days. (c) Remittances and other communications about fingerprint processing fees shall be sent to the Commission by the methods provided for in the rates of fees notice published in the Federal Register. Office of Natural Resources Revenue 30 CFR Part 1241 Inflation Adjustments to Civil Monetary Penalty Rates for Calendar Year 2018 Office of the Secretary, Office of Natural Resources Revenue, Interior. ACTION: Final rule. AGENCY: The Office of Natural Resources Revenue (ONRR) publishes this final rule to increase our maximum civil monetary penalty (CMP) rates for inflation occurring between October 2016 and October 2017. DATES: This rule is effective on January 22, 2018. FOR FURTHER INFORMATION CONTACT: For questions on procedural issues, contact Armand Southall, Regulatory Specialist, by telephone at (303) 231–3221 or email to Armand.Southall@onrr.gov. For questions on technical issues, contact Geary Keeton, Chief of Enforcement, by telephone at (303) 231–3096 or email to Geary.Keeton@onrr.gov. You may obtain a paper copy of this rule by contacting Mr. Southall by phone or email. SUPPLEMENTARY INFORMATION: SUMMARY: I. Background II. Inflation-Adjusted Maximum Rates III. Procedural Requirements A. Regulatory Planning and Review (E.O. 12866) B. Regulatory Flexibility Act C. Small Business Regulatory Enforcement Fairness Act D. Unfunded Mandates Reform Act The Federal Civil Penalties Inflation Adjustment Act of 1990, as amended by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (collectively, ‘‘the Act’’), codified at 28 U.S.C.S. 2461 note (LEXIS through Pub. L. 115–90, approved 12/8/17), requires Federal agencies to adjust their civil monetary penalty (CMP) rates for inflation every year. In accordance with sections 4 and 5 of the Act, the annual CMP inflation adjustment for 2018 is based on the percent change in the Consumer Price Index for all Urban Consumers (CPI–U) between October 2016 and October 2017. The CPI–U for October 2016 was 241.729, and for October 2017 was 246.663, for an increase of 2.041%. In accordance with section 5(a) of the Act, the new maximum CMP rates must be rounded to the nearest whole dollar. In accordance with section 6 of the Act, the new maximum penalty rates will apply only to CMPs, including those which are associated with violations predating the increase, that are assessed after the date the increase takes effect. ONRR assesses CMPs under the Federal Oil and Gas Royalty Management Act, 30 U.S.C. 1719, and our regulations at 30 CFR part 1241. We calculate and assess CMPs per violation, at the applicable rate, for each day such violation continues. II. Inflation-Adjusted Maximum Rates This final rule increases the maximum CMP rates for each of the four categories of violations identified in 30 U.S.C. 1719(a)–(d) and 30 CFR part 1241. The following list identifies the existing ONRR regulations containing CMP rates and shows those rates before and after this increase. Current penalty rate 30 CFR citation ethrower on DSK3G9T082PROD with RULES 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) I. Paperwork Reduction Act J. National Environmental Policy Act K. Effects on the Energy Supply (E.O. 13211) L. Clarity of This Regulation M. Administrative Procedure Act I. Background Tribes may submit fingerprint cards to the Commission for processing by the Federal Bureau of Investigation and the Commission may charge a fee to process fingerprint cards on behalf of the tribes. § 514.17 How are fingerprint processing fees collected by the Commission? 1241.52(a)(2) ............................................................................................................................... 1241.52(b) .................................................................................................................................... 1241.60(b)(1) ............................................................................................................................... 1241.60(b)(2) ............................................................................................................................... VerDate Sep<11>2014 15:52 Jan 19, 2018 Jkt 244001 2907 PO 00000 Frm 00023 Fmt 4700 Sfmt 4700 E:\FR\FM\22JAR1.SGM 1,196 11,967 23,933 59,834 22JAR1 2018 inflation adjustment multiplier 1.02041 1.02041 1.02041 1.02041 2018 adjusted penalty rate 1,220 12,211 24,421 61,055 2908 Federal Register / Vol. 83, No. 14 / Monday, January 22, 2018 / Rules and Regulations IV. Procedural Requirements A. Regulatory Planning and Review (Executive Orders 12866 and 13563) Executive Order (E.O.) 12866 provides that the Office of Information and Regulatory Affairs (OIRA) in OMB will review all significant rules. OIRA 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, 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 developed this rule in a manner consistent with these requirements. ethrower on DSK3G9T082PROD with RULES B. Regulatory Flexibility Act This rule will not have a significant economic effect on a substantial number of small entities under the Regulatory Flexibility Act (RFA, 5 U.S.C. 601 et seq.) because the rule only makes adjustments for inflation. The Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 requires agencies to adjust civil penalties with an annual inflation adjustment. Therefore, 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. 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, local government agencies; or geographic regions. c. Does not have significant adverse effects on competition, employment, investment, productivity, innovation, or the ability of United States-based enterprises to compete with foreignbased enterprises. D. Unfunded Mandates Reform Act This rule does not impose an unfunded mandate on State, local, or VerDate Sep<11>2014 15:52 Jan 19, 2018 Jkt 244001 Tribal governments or the private sector of more than $100 million per year. This rule does not have a significant or unique effect on State, local, or Tribal governments or the private sector. Therefore, we are not required to provide a statement containing the information that the Unfunded Mandates Reform Act (2 U.S.C. 1531 et seq.) requires because this rule is not an unfunded mandate. E. Takings (E.O. 12630) This rule does not result in a taking of private property or otherwise have taking implications under E.O. 12630. Therefore, this rule does not require a takings implication assessment. 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, this rule does not require a Federalism summary impact statement. 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), which requires that we review all regulations to eliminate errors and ambiguity and to write them to minimize litigation. b. Meets the criteria of section 3(b)(2), which requires that we write all regulations in clear language using clear legal standards. H. Consultation With Indian Tribal Governments (E.O. 13175) The Department strives to strengthen its government-to-government relationship with the Indian Tribes through a commitment to consultation with the Indian Tribes and recognition of their right to self-governance and Tribal sovereignty. Under the Department’s consultation policy and the criteria in E.O. 13175, we evaluated this rule and determined that it will have no substantial direct effects on Federally-recognized Indian Tribes and does not require consultation. I. Paperwork Reduction Act This rule: (a) Does not contain any new information collection requirements. (b) Does not require a submission to OMB under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). See 5 CFR 1320.4(a)(2). PO 00000 Frm 00024 Fmt 4700 Sfmt 4700 J. National Environmental Policy Act of 1969 (NEPA) This rule does not constitute a major Federal action significantly affecting the quality of the human environment. We are not required to provide a detailed statement under NEPA because this rule qualifies for categorical exclusion under 43 CFR 46.210(i) in that this rule is ‘‘. . . of an administrative, financial, legal, technical, or procedural nature. . . .’’ We also have determined that this rule is not involved in 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 and, therefore, does not require a Statement of Energy Effects. L. Clarity of This Regulation We are required by E.O. 12866 (section 1(b)(12)), E.O. 12988 (section 3(b)(1)(B)), and E.O. 13563 (section 1(a)), and by the Presidential Memorandum of June 1, 1998, to write all rules in plain language. This means that each rule we publish must: (a) Be logically organized. (b) Use the active voice to address readers directly. (c) Use common, everyday words and clear language rather than jargon. (d) Be divided into short sections and sentences. (e) Use lists and tables wherever possible. If you feel that we have not met these requirements, send your comments to Armand.Southall@onrr.gov. Your comments should be as specific as possible. For example, you should tell us the numbers of the sections or paragraphs that you find unclear, which sections or sentences are too long, the sections where you feel lists or tables would be useful, etc. M. Administrative Procedure Act (APA) The Act requires agencies to publish annual inflation adjustments by no later than January 15 of each 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 2018 E:\FR\FM\22JAR1.SGM 22JAR1 Federal Register / Vol. 83, No. 14 / Monday, January 22, 2018 / Rules and Regulations annual adjustments as a direct final rule without prior notice or an opportunity for comment and with an effective date immediately upon publication in the Federal Register. Section 553(b) of the Administrative Procedure Act (APA) provides that, when an agency for good cause finds that ‘‘notice and public procedure . . . are impracticable, unnecessary, or contrary to the public interest,’’ the agency may issue a rule without providing notice and an opportunity for prior public comment. Under section 553(b), ONRR finds that there is good cause to promulgate this rule without first providing for public comment. ONRR is promulgating this final rule to implement the statutory directive in the Act, which requires agencies to publish a final rule and to update the civil penalty amounts by applying a specified formula. We have no discretion to vary the amount of the adjustment to reflect any views or suggestions provided by commenters. Accordingly, it would serve no purpose to provide an opportunity for public comment on this rule prior to promulgation. Thus, providing for notice and public comment is unnecessary. Furthermore, ONRR finds under section 553(d)(3) of the APA that good cause exists to make this direct final rule effective immediately upon publication in the Federal Register. In the Act, Congress expressly required Federal agencies to publish annual inflation adjustments to civil penalties in the Federal Register no later than January 15 of every year, notwithstanding section 553 of the APA. Under the statutory framework and OMB guidance, the new penalty levels are to take effect immediately upon publication. Moreover, an effective date after January 15 would delay application of the new penalty levels, contrary to Congress’s intent. List of Subjects in 30 CFR Part 1241 Administrative practice and procedure, Civil penalties, Coal, Geothermal, Inflation, Mineral resources, Natural gas, Notices of noncompliance, Oil. ethrower on DSK3G9T082PROD with RULES Gregory J. Gould, Director for Office of Natural Resources Revenue. Authority and Issuance For the reasons discussed in the preamble, ONRR amends 30 CFR part 1241 as set forth below: PART 1241—PENALTIES 1. The authority citation for part 1241 continues to read as follows: ■ VerDate Sep<11>2014 15:52 Jan 19, 2018 Jkt 244001 Authority: 25 U.S.C. 396 et seq., 396a et seq., 2101 et seq.; 30 U.S.C. 181 et seq., 351 et seq., 1001 et seq., 1701 et seq.; 43 U.S.C. 1301 et seq., 1331 et seq., 1801 et seq. § 1241.52 [Amended] 2. Amend § 1241.52 by: a. In paragraph (a)(2), removing ‘‘$1,196’’ and adding in its place ‘‘$1,220.’’ ■ b. In paragraph (b) introductory text, removing ‘‘$11,967’’ and adding in its place ‘‘$12,211.’’ ■ ■ § 1241.60 [Amended] 3. Amend § 1241.60 by: a. In paragraph (b)(1) introductory text, removing ‘‘$23,933’’ and adding in its place ‘‘$24,421.’’ ■ b. In paragraph (b)(2), removing ‘‘$59,834’’ and adding in its place ‘‘$61,055.’’ ■ ■ [FR Doc. 2018–00969 Filed 1–19–18; 8:45 am] BILLING CODE 4335–30–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [Docket No. USCG–2016–0257] Drawbridge Operation Regulation; Delaware River, Pennsauken Township, NJ Coast Guard, DHS. Notice of temporary deviation from regulations; reopening comment period. AGENCY: ACTION: The Coast Guard is reopening the comment period to solicit additional comments concerning its Notice of Temporary Deviation from the operating schedule that governs the DELAIR Memorial Railroad Bridge across the Delaware River, mile 104.6, at Pennsauken Township, NJ. This document is to provide additional opportunity for public comment. DATES: The comment period for the deviation published October 18, 2017, at 82 FR 48419, is reopened. Comments and related material must reach the Coast Guard on or before March 2, 2018. ADDRESSES: You may submit comments identified by docket number USCG– 2016–0257 using Federal eRulemaking Portal at https://www.regulations.gov. See the ‘‘Public Participation and Request for Comments’’ portion of the SUPPLEMENTARY INFORMATION section below for instructions on submitting comments. FOR FURTHER INFORMATION CONTACT: If you have questions on this test SUMMARY: PO 00000 Frm 00025 Fmt 4700 Sfmt 4700 2909 deviation, call or email Mr. Hal R. Pitts, Fifth Coast Guard District (dpb); telephone (757) 398–6222, email Hal.R.Pitts@uscg.mil. SUPPLEMENTARY INFORMATION: I. Background, Purpose and Legal Basis On April 12, 2017, we published a document in the Federal Register entitled, ‘‘Drawbridge Operation Regulation; Delaware River, Pennsauken Township, NJ’’ announcing a temporary deviation from the regulations, with request for comments (see 82 FR 17562). The purpose of the deviation was to test the newly installed remote operational capabilities of the DELAIR Memorial Railroad Bridge across the Delaware River, mile 104.6, at Pennsauken Township, NJ, owned and operated by Conrail Shared Assets. The installation of the remote operation system capabilities did not change the operational schedule of the bridge.1 On June 30, 2017, we published a notice of proposed rulemaking (NPRM) entitled, ‘‘Drawbridge Operation Regulation; Delaware River, Pennsauken Township, NJ’’ (see 82 FR 29800). The original comment period closed on August 18, 2017. On October 18, 2017, we published a document in the Federal Register entitled, ‘‘Drawbridge Operation Regulation; Delaware River, Pennsauken Township, NJ’’ announcing a temporary deviation from the regulations, with request for comments (see 82 FR 48419). This test deviation commenced at 8 a.m. on October 21, 2017, and will conclude at 7:59 a.m. on April 19, 2018. This notice included a request for comments and related material to reach the Coast Guard on or before January 15, 2018.2 On December 6, 2017, we published a notice of proposed rulemaking; reopening of comment period (NPRM); entitled ‘‘Drawbridge Operation Regulation; Delaware River, Pennsauken Township, NJ’’ in the Federal Register (see 82 FR 57561). It included a request for comments and related material to reach the Coast Guard on or before January 15, 2018. This document reopening the comment period ensures notice and opportunity to comment on the temporary deviation before we decide whether to make any changes to it. This 1 A full description of the remote operational system is outlined in the aforementioned publication, which can be found at https:// regulations.gov. (See ADDRESSES for more information). 2 Detailed information concerning this second test deviation is contained in the Background, Purpose and Legal Basis paragraphs of the aforementioned publication, which can be found at https:// regulations.gov, (see ADDRESSES for more information). E:\FR\FM\22JAR1.SGM 22JAR1

Agencies

[Federal Register Volume 83, Number 14 (Monday, January 22, 2018)]
[Rules and Regulations]
[Pages 2907-2909]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-00969]


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

Office of Natural Resources Revenue

30 CFR Part 1241

[Docket No. ONRR-2017-0003; DS63644000 DR2PS0000.CH7000 189D0102R2]
RIN 1012-AA23


Inflation Adjustments to Civil Monetary Penalty Rates for 
Calendar Year 2018

AGENCY: Office of the Secretary, Office of Natural Resources Revenue, 
Interior.

ACTION: Final rule.

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

SUMMARY: The Office of Natural Resources Revenue (ONRR) publishes this 
final rule to increase our maximum civil monetary penalty (CMP) rates 
for inflation occurring between October 2016 and October 2017.

DATES: This rule is effective on January 22, 2018.

FOR FURTHER INFORMATION CONTACT: For questions on procedural issues, 
contact Armand Southall, Regulatory Specialist, by telephone at (303) 
231-3221 or email to [email protected]. For questions on 
technical issues, contact Geary Keeton, Chief of Enforcement, by 
telephone at (303) 231-3096 or email to [email protected]. You may 
obtain a paper copy of this rule by contacting Mr. Southall by phone or 
email.

SUPPLEMENTARY INFORMATION:
I. Background
II. Inflation-Adjusted Maximum Rates
III. Procedural Requirements
    A. Regulatory Planning and Review (E.O. 12866)
    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)
    I. Paperwork Reduction Act
    J. National Environmental Policy Act
    K. Effects on the Energy Supply (E.O. 13211)
    L. Clarity of This Regulation
    M. Administrative Procedure Act

I. Background

    The Federal Civil Penalties Inflation Adjustment Act of 1990, as 
amended by the Federal Civil Penalties Inflation Adjustment Act 
Improvements Act of 2015 (collectively, ``the Act''), codified at 28 
U.S.C.S. 2461 note (LEXIS through Pub. L. 115-90, approved 12/8/17), 
requires Federal agencies to adjust their civil monetary penalty (CMP) 
rates for inflation every year.
    In accordance with sections 4 and 5 of the Act, the annual CMP 
inflation adjustment for 2018 is based on the percent change in the 
Consumer Price Index for all Urban Consumers (CPI-U) between October 
2016 and October 2017. The CPI-U for October 2016 was 241.729, and for 
October 2017 was 246.663, for an increase of 2.041%. In accordance with 
section 5(a) of the Act, the new maximum CMP rates must be rounded to 
the nearest whole dollar. In accordance with section 6 of the Act, the 
new maximum penalty rates will apply only to CMPs, including those 
which are associated with violations predating the increase, that are 
assessed after the date the increase takes effect.
    ONRR assesses CMPs under the Federal Oil and Gas Royalty Management 
Act, 30 U.S.C. 1719, and our regulations at 30 CFR part 1241. We 
calculate and assess CMPs per violation, at the applicable rate, for 
each day such violation continues.

II. Inflation-Adjusted Maximum Rates

    This final rule increases the maximum CMP rates for each of the 
four categories of violations identified in 30 U.S.C. 1719(a)-(d) and 
30 CFR part 1241. The following list identifies the existing ONRR 
regulations containing CMP rates and shows those rates before and after 
this increase.

----------------------------------------------------------------------------------------------------------------
                                                                                  2018 inflation
                         30 CFR citation                              Current       adjustment     2018 adjusted
                                                                   penalty rate     multiplier     penalty rate
----------------------------------------------------------------------------------------------------------------
1241.52(a)(2)...................................................           1,196         1.02041           1,220
1241.52(b)......................................................          11,967         1.02041          12,211
1241.60(b)(1)...................................................          23,933         1.02041          24,421
1241.60(b)(2)...................................................          59,834         1.02041          61,055
----------------------------------------------------------------------------------------------------------------


[[Page 2908]]

IV. Procedural Requirements

A. Regulatory Planning and Review (Executive Orders 12866 and 13563)

    Executive Order (E.O.) 12866 provides that the Office of 
Information and Regulatory Affairs (OIRA) in OMB will review all 
significant rules. OIRA 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, 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 developed this rule in a manner consistent with 
these requirements.

B. Regulatory Flexibility Act

    This rule will not have a significant economic effect on a 
substantial number of small entities under the Regulatory Flexibility 
Act (RFA, 5 U.S.C. 601 et seq.) because the rule only makes adjustments 
for inflation. The Federal Civil Penalties Inflation Adjustment Act 
Improvements Act of 2015 requires agencies to adjust civil penalties 
with an annual inflation adjustment. Therefore, 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. 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, local government 
agencies; or geographic regions.
    c. Does not have significant adverse effects on competition, 
employment, investment, productivity, innovation, or the ability of 
United States-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. This rule does not have a significant or unique effect on State, 
local, or Tribal governments or the private sector. Therefore, we are 
not required to provide a statement containing the information that the 
Unfunded Mandates Reform Act (2 U.S.C. 1531 et seq.) requires because 
this rule is not an unfunded mandate.

E. Takings (E.O. 12630)

    This rule does not result in a taking of private property or 
otherwise have taking implications under E.O. 12630. Therefore, this 
rule does not require a takings implication assessment.

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, this rule does not 
require a Federalism summary impact statement.

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), which requires that we 
review all regulations to eliminate errors and ambiguity and to write 
them to minimize litigation.
    b. Meets the criteria of section 3(b)(2), which requires that we 
write all regulations in clear language using clear legal standards.

H. Consultation With Indian Tribal Governments (E.O. 13175)

    The Department strives to strengthen its government-to-government 
relationship with the Indian Tribes through a commitment to 
consultation with the Indian Tribes and recognition of their right to 
self-governance and Tribal sovereignty. Under the Department's 
consultation policy and the criteria in E.O. 13175, we evaluated this 
rule and determined that it will have no substantial direct effects on 
Federally-recognized Indian Tribes and does not require consultation.

I. Paperwork Reduction Act

    This rule:
    (a) Does not contain any new information collection requirements.
    (b) Does not require a submission to OMB under the Paperwork 
Reduction Act of 1995 (44 U.S.C. 3501 et seq.). See 5 CFR 1320.4(a)(2).

J. National Environmental Policy Act of 1969 (NEPA)

    This rule does not constitute a major Federal action significantly 
affecting the quality of the human environment. We are not required to 
provide a detailed statement under NEPA because this rule qualifies for 
categorical exclusion under 43 CFR 46.210(i) in that this rule is ``. . 
. of an administrative, financial, legal, technical, or procedural 
nature. . . .'' We also have determined that this rule is not involved 
in 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 and, therefore, does not require a Statement of Energy 
Effects.

L. Clarity of This Regulation

    We are required by E.O. 12866 (section 1(b)(12)), E.O. 12988 
(section 3(b)(1)(B)), and E.O. 13563 (section 1(a)), and by the 
Presidential Memorandum of June 1, 1998, to write all rules in plain 
language. This means that each rule we publish must:
    (a) Be logically organized.
    (b) Use the active voice to address readers directly.
    (c) Use common, everyday words and clear language rather than 
jargon.
    (d) Be divided into short sections and sentences.
    (e) Use lists and tables wherever possible.
    If you feel that we have not met these requirements, send your 
comments to [email protected]. Your comments should be as 
specific as possible. For example, you should tell us the numbers of 
the sections or paragraphs that you find unclear, which sections or 
sentences are too long, the sections where you feel lists or tables 
would be useful, etc.

M. Administrative Procedure Act (APA)

    The Act requires agencies to publish annual inflation adjustments 
by no later than January 15 of each 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 2018

[[Page 2909]]

annual adjustments as a direct final rule without prior notice or an 
opportunity for comment and with an effective date immediately upon 
publication in the Federal Register.
    Section 553(b) of the Administrative Procedure Act (APA) provides 
that, when an agency for good cause finds that ``notice and public 
procedure . . . are impracticable, unnecessary, or contrary to the 
public interest,'' the agency may issue a rule without providing notice 
and an opportunity for prior public comment. Under section 553(b), ONRR 
finds that there is good cause to promulgate this rule without first 
providing for public comment. ONRR is promulgating this final rule to 
implement the statutory directive in the Act, which requires agencies 
to publish a final rule and to update the civil penalty amounts by 
applying a specified formula. We have no discretion to vary the amount 
of the adjustment to reflect any views or suggestions provided by 
commenters. Accordingly, it would serve no purpose to provide an 
opportunity for public comment on this rule prior to promulgation. 
Thus, providing for notice and public comment is unnecessary.
    Furthermore, ONRR finds under section 553(d)(3) of the APA that 
good cause exists to make this direct final rule effective immediately 
upon publication in the Federal Register. In the Act, Congress 
expressly required Federal agencies to publish annual inflation 
adjustments to civil penalties in the Federal Register no later than 
January 15 of every year, notwithstanding section 553 of the APA. Under 
the statutory framework and OMB guidance, the new penalty levels are to 
take effect immediately upon publication. Moreover, an effective date 
after January 15 would delay application of the new penalty levels, 
contrary to Congress's intent.

List of Subjects in 30 CFR Part 1241

    Administrative practice and procedure, Civil penalties, Coal, 
Geothermal, Inflation, Mineral resources, Natural gas, Notices of non-
compliance, Oil.

Gregory J. Gould,
Director for Office of Natural Resources Revenue.

Authority and Issuance

    For the reasons discussed in the preamble, ONRR amends 30 CFR part 
1241 as set forth below:

PART 1241--PENALTIES

0
1. The authority citation for part 1241 continues to read as follows:

    Authority: 25 U.S.C. 396 et seq., 396a et seq., 2101 et seq.; 30 
U.S.C. 181 et seq., 351 et seq., 1001 et seq., 1701 et seq.; 43 
U.S.C. 1301 et seq., 1331 et seq., 1801 et seq.


Sec.  1241.52   [Amended]

0
2. Amend Sec.  1241.52 by:
0
a. In paragraph (a)(2), removing ``$1,196'' and adding in its place 
``$1,220.''
0
b. In paragraph (b) introductory text, removing ``$11,967'' and adding 
in its place ``$12,211.''


Sec.  1241.60   [Amended]

0
3. Amend Sec.  1241.60 by:
0
a. In paragraph (b)(1) introductory text, removing ``$23,933'' and 
adding in its place ``$24,421.''
0
b. In paragraph (b)(2), removing ``$59,834'' and adding in its place 
``$61,055.''

[FR Doc. 2018-00969 Filed 1-19-18; 8:45 am]
 BILLING CODE 4335-30-P
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