Inflation Adjustments to Civil Monetary Penalty Rates for Calendar Year 2019, 8416-8418 [2019-04239]
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8416
Federal Register / Vol. 84, No. 46 / Friday, March 8, 2019 / Rules and Regulations
unlikely to result in adverse or negative
comments. It, therefore: (1) Is not a
‘‘significant regulatory action’’ under
Executive Order 12866; (2) is not a
‘‘significant rule’’ under DOT
Regulatory Policies and Procedures (44
FR 11034; February 26, 1979); and (3)
does not warrant preparation of a
regulatory evaluation as the anticipated
impact is so minimal. Since this is a
routine matter that only affects air traffic
procedures and air navigation, it is
certified that this rule, when
promulgated, does not have a significant
economic impact on a substantial
number of small entities under the
criteria of the Regulatory Flexibility Act.
Paragraph 6005 Class E Airspace Areas
Extending Upward From 700 Feet or More
Above the Surface of the Earth
*
*
*
*
*
ACE NE E5 Auburn, NE [New]
Farington Field Airport, NE
(Lat. 40°23′12″ N, long 095°47′17″ W)
That airspace extending upward from 700
feet above the surface within a 6.4-mile
radius of the Farington Field Airport.
Issued in Fort Worth, Texas, on March 1,
2019.
John Witucki,
Acting Manager, Operations Support Group,
ATO Central Service Center.
[FR Doc. 2019–04155 Filed 3–7–19; 8:45 am]
BILLING CODE 4910–13–P
Environmental Review
The FAA has determined that this
action qualifies for categorical exclusion
under the National Environmental
Policy Act in accordance with FAA
Order 1050.1F, ‘‘Environmental
Impacts: Policies and Procedures,’’
paragraph 5–6.5.a. This airspace action
is not expected to cause any potentially
significant environmental impacts, and
no extraordinary circumstances exist
that warrant preparation of an
environmental assessment.
Office of Natural Resources Revenue
30 CFR Part 1241
[Docket No. ONRR–2017–0003; DS63644200
DRT000000.CH7000 190D1113RT]
RIN 1012–AA24
Inflation Adjustments to Civil Monetary
Penalty Rates for Calendar Year 2019
Office of the Secretary, Office
of Natural Resources Revenue, Interior.
ACTION: Final rule.
AGENCY:
Lists of Subjects in 14 CFR Part 71
Airspace, Incorporation by reference,
Navigation (air).
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
2017 and October 2018.
DATES: This rule is effective on March 8,
2019.
FOR FURTHER INFORMATION CONTACT: For
questions on procedural issues, contact
Luis Aguilar, Regulatory Specialist, by
telephone at (303) 231–3418 or email to
Luis.Aguilar@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. Aguilar by phone or email.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Adoption of the Amendment
In consideration of the foregoing, the
Federal Aviation Administration
amends 14 CFR part 71 as follows:
PART 71—DESIGNATION OF CLASS A,
B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND
REPORTING POINTS
1. The authority citation for part 71
continues to read as follows:
■
Authority: 49 U.S.C. 106(f), 106(g); 40103,
40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR,
1959–1963 Comp., p. 389.
§ 71.1
DEPARTMENT OF THE INTERIOR
[Amended]
2. The incorporation by reference in
14 CFR 71.1 of FAA Order 7400.11C,
Airspace Designations and Reporting
Points, dated August 13, 2018, and
effective September 15, 2018, is
amended as follows:
■
I. Background
II. Inflation-Adjusted Maximum Rates
III. Procedural Requirements
A. Regulatory Planning and Review (E.O.
12866)
1241.52(a)(2) ...............................................................................................................................
1241.52(b) ....................................................................................................................................
1241.60(b)(1) ...............................................................................................................................
18:14 Mar 07, 2019
Jkt 247001
PO 00000
Frm 00008
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. 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 2019 is based on the
percent change in the Consumer Price
Index for all Urban Consumers (CPI–U)
between October 2017 and October
2018. The CPI–U for October 2017 was
246.663, and for October 2018 was
252.885, for an increase of 2.522%. 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
VerDate Sep<11>2014
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
Fmt 4700
Sfmt 4700
1,220
12,211
24,421
E:\FR\FM\08MRR1.SGM
08MRR1
2019
inflation
adjustment
multiplier
1.02522
1.02522
1.02522
2019
adjusted
penalty rate
1,251
12,519
25,037
Federal Register / Vol. 84, No. 46 / Friday, March 8, 2019 / Rules and Regulations
Current
penalty rate
30 CFR citation
1241.60(b)(2) ...............................................................................................................................
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,
VerDate Sep<11>2014
18:14 Mar 07, 2019
Jkt 247001
61,055
2019
inflation
adjustment
multiplier
1.02522
8417
2019
adjusted
penalty rate
62,595
investment, productivity, innovation, or
the ability of United States-based
enterprises to compete with foreignbased enterprises.
have no substantial direct effects on
Federally-recognized Indian Tribes and
does not require consultation.
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.
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).
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-dash;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
PO 00000
Frm 00009
Fmt 4700
Sfmt 4700
I. Paperwork Reduction Act
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
Luis.Aguilar@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
E:\FR\FM\08MRR1.SGM
08MRR1
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Federal Register / Vol. 84, No. 46 / Friday, March 8, 2019 / Rules and Regulations
sentences are too long, the sections
where you feel lists or tables would be
useful, etc.
application of the new penalty levels,
contrary to Congress’s intent.
M. Administrative Procedure Act (APA)
Administrative practice and
procedure, Civil penalties, Coal,
Geothermal, Inflation, Mineral
resources, Natural gas, Notices of noncompliance, Oil.
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 2019
annual adjustments as a final rule
without prior notice or an opportunity
for comment and with an effective date
immediately upon publication in the
Federal Register.
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
VerDate Sep<11>2014
18:14 Mar 07, 2019
Jkt 247001
List of Subjects in 30 CFR Part 1241
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:
■
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 in paragraph
(a)(2), by removing ‘‘$1,220’’ and adding
in its place ‘‘$1,251’’ and in paragraph
(b) introductory text, by removing
‘‘$12,211’’ and adding in its place
‘‘$12,519’’.
■
§ 1241.60
[Amended]
3. Amend § 1241.60 in paragraph
(b)(1) introductory text, by removing
‘‘$24,421’’ and adding in its place
‘‘$25,037’’ and in paragraph (b)(2), by
removing ‘‘$61,055’’ and adding in its
place ‘‘$62,595’’
■
[FR Doc. 2019–04239 Filed 3–7–19; 8:45 am]
BILLING CODE 4335–30–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG–2018–1032]
RIN 1625–AA09
Drawbridge Operation Regulation; Mill
Basin, Brooklyn, NY
Coast Guard, DHS.
Final rule.
AGENCY:
ACTION:
The Coast Guard is removing
the existing drawbridge operation
regulation for the New York City
Highway Bridge across Mill Basin, mile
0.8, at Brooklyn, New York. The
drawbridge was replaced with a fixed
bridge in December 2017 and the
SUMMARY:
PO 00000
Frm 00010
Fmt 4700
Sfmt 4700
operating regulation is no longer
applicable or necessary.
DATES: This rule is effective March 8,
2019.
To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2018–
1032. In the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rulemaking.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email Ms. Stephanie Lopez, Bridge
Management Specialist, First Coast
Guard District Bridge Program,
telephone 212–514–4335, email
Stephanie.E.Lopez@USCG.MIL.
SUPPLEMENTARY INFORMATION:
ADDRESSES:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
Pub. L. Public Law
§ Section
U.S.C. United States Code
II. Background Information and
Regulatory History
The Coast Guard is issuing this final
rule wthout prior notice and
opportunity to comment pursuant to
authority under section 4(a) of the
Administrative Procedure Act (APA) (5
U.S.C. 553(b)). This provision
authorizes an agency to issuse a rule
without prior notice and opportunity to
comment when the agency for good
cause finds that those procedures are
‘‘impracticable, unnecessary, or contrary
to the public interest.’’ Under 5 U.S.C.
553(b), the Coast Guard finds that good
cause exists for not publishing a notice
of proposed rulemaking (NPRM) with
respect to this rule because the New
York City Highway Bridge, that once
required draw operations in 33 CFR
117.795(b), was replaced with a fixed
bridge in December 2017. It is
unnecessary to publish a NPRM because
this regulatory action does not purport
to place any restrictions on mariners but
rather removes a restriction that has no
further use or value.
We are issuing this rule under 5
U.S.C. 553(d)(3). The Coast Guard finds
that good cause exists for making this
rule effective in less than 30 days after
publication in the Federal Register. The
bridge has been a fixed bridge for 12
months and this rule merely requires an
administrative change to the Federal
Register, in order to omit a regulatory
requirement that is no longer applicable
or necessary. The modification has
already taken place and the removal of
E:\FR\FM\08MRR1.SGM
08MRR1
]]>Agencies
[Federal Register Volume 84, Number 46 (Friday, March 8, 2019)]
[Rules and Regulations]
[Pages 8416-8418]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-04239]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Office of Natural Resources Revenue
30 CFR Part 1241
[Docket No. ONRR-2017-0003; DS63644200 DRT000000.CH7000 190D1113RT]
RIN 1012-AA24
Inflation Adjustments to Civil Monetary Penalty Rates for
Calendar Year 2019
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 2017 and October 2018.
DATES: This rule is effective on March 8, 2019.
FOR FURTHER INFORMATION CONTACT: For questions on procedural issues,
contact Luis Aguilar, Regulatory Specialist, by telephone at (303) 231-
3418 or email to Luis.Aguilar@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. Aguilar 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. 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 2019 is based on the percent change in the
Consumer Price Index for all Urban Consumers (CPI-U) between October
2017 and October 2018. The CPI-U for October 2017 was 246.663, and for
October 2018 was 252.885, for an increase of 2.522%. 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.
----------------------------------------------------------------------------------------------------------------
2019 inflation
30 CFR citation Current adjustment 2019 adjusted
penalty rate multiplier penalty rate
----------------------------------------------------------------------------------------------------------------
1241.52(a)(2)................................................... 1,220 1.02522 1,251
1241.52(b)...................................................... 12,211 1.02522 12,519
1241.60(b)(1)................................................... 24,421 1.02522 25,037
[[Page 8417]]
1241.60(b)(2)................................................... 61,055 1.02522 62,595
----------------------------------------------------------------------------------------------------------------
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-
dash;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 Luis.Aguilar@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
[[Page 8418]]
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 2019 annual adjustments as a
final rule without prior notice or an opportunity for comment and with
an effective date immediately upon publication in the Federal Register.
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 in paragraph (a)(2), by removing ``$1,220'' and
adding in its place ``$1,251'' and in paragraph (b) introductory text,
by removing ``$12,211'' and adding in its place ``$12,519''.
Sec. 1241.60 [Amended]
0
3. Amend Sec. 1241.60 in paragraph (b)(1) introductory text, by
removing ``$24,421'' and adding in its place ``$25,037'' and in
paragraph (b)(2), by removing ``$61,055'' and adding in its place
``$62,595''
[FR Doc. 2019-04239 Filed 3-7-19; 8:45 am]
BILLING CODE 4335-30-P
