Civil Penalties Inflation Adjustments; Annual Adjustments, 15098-15102 [2019-07469]

Download as PDF 15098 Federal Register / Vol. 84, No. 72 / Monday, April 15, 2019 / Rules and Regulations PART 868—ANESTHESIOLOGY DEVICES DEPARTMENT OF THE INTERIOR Bureau of Indian Affairs 1. The authority citation for part 868 continues to read as follows: ■ Authority: 21 U.S.C. 351, 360, 360c, 360e, 360j, 360l, 371. 2. Add § 868.1505 to subpart B to read as follows: ■ amozie on DSK9F9SC42PROD with RULES § 868.1505 Ventilatory electrical impedance tomograph. (a) Identification. A ventilatory electrical impedance tomograph is a prescription non-invasive, nonradiological ventilatory device that provides an assessment of local impedance variation within a crosssection of a patient’s thorax. (b) Classification. Class II (special controls). The special controls for this device are: (1) The patient-contacting components of the device must be demonstrated to be biocompatible. (2) Non-clinical performance testing must demonstrate that the device performs as intended under anticipated conditions of use, including the following: (i) Characterization of device parameters, including signal-to-noise ratio, voltage accuracy, drift, reciprocity accuracy, amplitude response, position error, and ringing; (ii) Real time evaluation of local impedance variation; (iii) Plethysmogram accuracy testing; and (iv) Use life testing of reusable components. (3) Performance data must validate reprocessing instructions for any reusable components of the device. (4) Performance data must demonstrate the electrical, thermal, and mechanical safety and the electromagnetic compatibility of the device. (5) Software verification, validation, and hazard analysis must be performed. (6) Labeling must include the following: (i) Guidance for interpretation of the images generated; (ii) A warning that the device should be removed before use of a defibrillator, or defibrillator interaction information based on defibrillator performance testing with the device; (iii) A use life for any reusable components; and (iv) Instructions for reprocessing any reusable components. Dated: April 10, 2019. Lowell J. Schiller, Principal Associate Commissioner for Policy. [FR Doc. 2019–07463 Filed 4–12–19; 8:45 am] BILLING CODE 4164–01–P VerDate Sep<11>2014 16:31 Apr 12, 2019 Jkt 247001 [192A2100DD/AAKC001030/ A0A501010.999900253G] 25 CFR Parts 140, 141, 211, 213, 225, 226, 227, 243, and 249 RIN 1076–AF40 Civil Penalties Inflation Adjustments; Annual Adjustments Bureau of Indian Affairs, Interior. ACTION: Final rule. AGENCY: This rule provides for annual adjustments to the level of civil monetary penalties contained in Bureau of Indian Affairs (Bureau) regulations to account for inflation under the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 and Office of Management and Budget (OMB) guidance. SUMMARY: DATES: This rule is effective on April 15, 2019. FOR FURTHER INFORMATION CONTACT: Elizabeth Appel, Director, Office of Regulatory Affairs and Collaborative Action, Office of the Assistant Secretary—Indian Affairs; telephone (202) 273–4680, elizabeth.appel@ bia.gov. SUPPLEMENTARY INFORMATION: I. Background II. Calculation of Annual Adjustments III. Procedural Requirements A. Regulatory Planning and Review (E.O. 12866 and 13563) B. Reducing Regulation and Controlling Regulatory Costs (E.O. 13771) C. Regulatory Flexibility Act D. Small Business Regulatory Enforcement Fairness Act E. Unfunded Mandates Reform Act F. Takings (E.O. 12630) G. Federalism (E.O. 13132) H. Civil Justice Reform (E.O. 12988) I. Consultation With Indian Tribes (E.O. 13175) J. Paperwork Reduction Act K. National Environmental Policy Act L. Effects on the Energy Supply (E.O. 13211) M. Clarity of This Regulation N. Administrative Procedure Act I. Background 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) (‘‘the Act’’). The Act requires Federal agencies to adjust the level of civil monetary penalties with an initial ‘‘catch-up’’ adjustment through rulemaking and then make subsequent PO 00000 Frm 00016 Fmt 4700 Sfmt 4700 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. The Office of Management and Budget (OMB) issued guidance for Federal agencies on calculating the catch-up adjustment. See February 24, 2016, Memorandum for the Heads of Executive Departments and Agencies, from Shaun Donovan, Director, Office of Management and Budget, re: Implementation of the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (M–16–06). Under the guidance, the Department identified applicable civil monetary penalties and calculated the catch-up adjustment. 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 calculated catch-up adjustment is based on the percent change between the Consumer Price Index for all Urban Consumers (CPI0–U) 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– U. The Bureau issued an interim final rule providing for calculated catch-up adjustments on June 30, 2016 (81 FR 42478) with an effective date of August 1, 2016, and requesting comments postpromulgation. The Bureau issued a final rule affirming the catch-up adjustments set forth in the interim final rule on December 2, 2016 (81 FR 86953). The Bureau then issued a final rule making the next scheduled annual inflation adjustment for 2017 on January 23, 2017 (82 FR 7649) and for 2018 on February 6, 2018 (83 FR 5192). II. Calculation of 2019 Annual Adjustments OMB recently issued guidance to assist Federal agencies in implementing the annual adjustments required by the Act which agencies must complete by January 15, 2019. See December 14, 2018, Memorandum for the Heads of Executive Departments and Agencies, from Mick Mulvaney, Director, Office of Management and Budget, re: Implementation of the Penalty Inflation Adjustments for 2019, Pursuant to the Federal Civil Penalties Inflation Adjustment Act Improvements Act of E:\FR\FM\15APR1.SGM 15APR1 Federal Register / Vol. 84, No. 72 / Monday, April 15, 2019 / Rules and Regulations 2015 (M–19–04). The guidance states that the cost-of-living adjustment multiplier for 2019, based on the Consumer Price Index (CPI–U) for the month of October 2018, not seasonally adjusted, is 1.02522. (The annual inflation adjustments are based on the percent change between the October CPI–U preceding the date of the adjustment, and the prior year’s October CPI–U. For 2019, OMB explains, Description of penalty 25 CFR 140.3 ......... 25 CFR 141.50 ....... Penalty for trading in Indian country without a license .......................... Penalty for trading on Navajo, Hopi or Zuni reservations without a license. Penalty for violation of leases of Tribal land for mineral development, violation of part 211, or failure to comply with a notice of noncompliance or cessation order. Penalty for failure of lessee to comply with lease of restricted lands of members of the Five Civilized Tribes in Oklahoma for mining, operating regulations at part 213, or orders. Penalty for violation of minerals agreement, regulations at part 225, other applicable laws or regulations, or failure to comply with a notice of noncompliance or cessation order. Penalty for violation of lease of Osage reservation lands for oil and gas mining or regulations at part 226, or noncompliance with the Superintendent’s order. Penalty per day for failure to obtain permission to start operations ...... Penalty per day for failure to file records ............................................... Penalty for each well and tank battery for failure to mark wells and tank batteries. Penalty each day after operations are commenced for failure to construct and maintain pits. Penalty for failure to comply with requirements regarding valve or other approved controlling device. Penalty for failure to notify Superintendent before drilling, redrilling, deepening, plugging, or abandoning any well. Penalty per day for failure to properly care for and dispose of deleterious fluids. Penalty per day for failure to file plugging and other required reports .. Penalty for failure of lessee of certain lands in Wind River Indian Reservation, Wyoming, for oil and gas mining to comply with lease provisions, operating regulations, regulations at part 227, or orders. Penalty for non-Native transferees of live Alaskan reindeer who violates part 243, takes reindeer without a permit, or fails to abide by permit terms. Penalty for fishing in violation of regulations at part 249 (Off-Reservation Treaty Fishing). 25 CFR 213.37 ....... 25 CFR 225.37 ....... 25 CFR 226.42 ....... 25 CFR 226.43(a) ... 25 CFR 226.43(b) ... 25 CFR 226.43(c) ... 25 CFR 226.43(d) ... 25 CFR 226.43(e) ... 25 CFR 226.43(f) .... 25 CFR 226.43(g) ... 25 CFR 226.43(h) ... 25 CFR 227.24 ....... 25 CFR 243.8 ......... 25 CFR 249.6(b) ..... Consistent with the Act, the adjusted penalty levels for 2019 will take effect immediately upon the effective date of the adjustment. The adjusted penalty levels for 2019 will apply to penalties assessed after that date including, if consistent with agency policy, assessments associated with violations that occurred on or after November 2, 2015 (the date of the Act). The Act does not, however, change previously assessed penalties that the Bureau is collecting or has collected. Nor does the Act change an agency’s existing statutory authorities to adjust penalties. VerDate Sep<11>2014 16:31 Apr 12, 2019 Jkt 247001 III. Procedural Requirements A. Regulatory Planning and Review (E.O. 12866 and 13563) Executive Order 12866 provides that the Office of Information and Regulatory Affairs in the Office of Management and Budget will review all significant rules. The Office of Information and Regulatory Affairs has determined that this rule is not significant. Executive Order 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, PO 00000 Frm 00017 Fmt 4700 The annual adjustment applies to all civil monetary penalties with a dollar amount that are subject to the Act. This final rule adjusts the following civil monetary penalties contained in the Bureau’s regulations for 2019 by multiplying 1.02522 (i.e., the cost-ofliving adjustment multiplier for 2019) by each penalty amount as updated by the adjustment made in 2018: Current penalty including catchup adjustment CFR citation 25 CFR 211.55 ....... amozie on DSK9F9SC42PROD with RULES October 2018 CPI–U (252.885) / October 2017 CPI–U (246.663) = 1.02522.) The guidance instructs agencies to complete the 2019 annual adjustment by multiplying each applicable penalty by the multiplier, 1.02522, and rounding to the nearest dollar. Further, agencies should apply the multiplier to the most recent penalty amount that includes the initial catch-up adjustment required by the Act. Sfmt 4700 15099 Annual adjustment (multiplier) Adjusted penalty for 2019 $1,296 1,296 1.02522 1.02522 $1,329 1,329 1,558 1.02522 1,597 1,296 1.02522 1,329 1,650 1.02522 1,692 924 1.02522 948 92 92 92 1.02522 1.02522 1.02522 94 94 94 92 1.02522 94 185 1.02522 189 369 1.02522 379 924 1.02522 948 92 1,296 1.02522 1.02522 94 1,329 6,111 1.02522 6,265 1,296 1.02522 1,329 and least burdensome tools for achieving regulatory ends. The executive order 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 have developed this rule in a manner consistent with these requirements. E:\FR\FM\15APR1.SGM 15APR1 15100 Federal Register / Vol. 84, No. 72 / Monday, April 15, 2019 / Rules and Regulations B. Reducing Regulation and Controlling Regulatory Costs (Executive Order 13771) This rule is not an E.O. 13771 regulatory action because this rule is not significant under Executive Order 12866. regulations be reviewed to eliminate errors and ambiguity and be written to minimize litigation; and (b) meets the criteria of section 3(b)(2) requiring that all regulations be written in clear language and contain clear legal standards. C. Regulatory Flexibility Act This rule will not have a significant economic effect on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) because the rule makes adjustments for inflation. I. Consultation With Indian Tribes (E.O. 13175 and Departmental Policy) The Department of the Interior strives to strengthen its government-togovernment relationship with Indian tribes through a commitment to consultation with Indian Tribes and recognition of their right to selfgovernance and tribal sovereignty. We have evaluated this rule under the Department’s consultation policy and under the criteria in Executive Order 13175 and have determined that it has no substantial direct effects on federally recognized Indian Tribes and that consultation under the Department’s Tribal consultation policy is not required. D. 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, or local government agencies, or geographic regions. (c) 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. E. 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. A statement containing the information required by the Unfunded Mandates Reform Act (2 U.S.C. 1531 et seq.) is not required. amozie on DSK9F9SC42PROD with RULES F. Takings (E.O. 12630) This rule does not affect a taking of private property or otherwise have taking implications under Executive Order 12630. A takings implication assessment is not required. G. Federalism (E.O. 13132) Under the criteria in section 1 of Executive Order13132, this rule does not have sufficient federalism implications to warrant the preparation of a federalism summary impact statement. A federalism summary impact statement is not required. H. Civil Justice Reform (E.O. 12988) This rule complies with the requirements of Executive Order 12988. Specifically, this rule: (a) Meets the criteria of section 3(a) requiring that all VerDate Sep<11>2014 16:31 Apr 12, 2019 Jkt 247001 J. Paperwork Reduction Act This rule does not contain information collection requirements, and a submission to the Office of Management and Budget 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. K. 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. This rule is excluded from the requirement to prepare a detailed statement because it is a regulation of an administrative nature. (For further information see 43 CFR 46.210(i).) We have also determined that the rule does not involve any of the extraordinary circumstances listed in 43 CFR 46.215 that would require further analysis under NEPA. L. Effects on the Energy Supply (E.O. 13211) This rule is not a significant energy action under the definition in Executive Order 13211. A Statement of Energy Effects is not required. M. Clarity of This Regulation We are required by Executive Orders 12866 (section 1 (b)(12)), 12988 (section 3(b)(1)(B)), and 13563 (section 1(a)), and PO 00000 Frm 00018 Fmt 4700 Sfmt 4700 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; and (e) Use lists and tables wherever possible. If you feel that we have not met these requirements, send us comments by one of the methods listed in the ADDRESSES section. To better help us revise the rule, 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. N. Administrative Procedure Act 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), the Bureau finds that there is good cause to promulgate this rule without first providing for public comment. It would not be possible to meet the deadlines imposed by the Act if we were to first publish a proposed rule, allow the public sufficient time to submit comments, analyze the comments, and publish a final rule. Also, the Bureau is promulgating this final rule to implement the statutory directive in the Act, which requires agencies to publish a final rule and to E:\FR\FM\15APR1.SGM 15APR1 Federal Register / Vol. 84, No. 72 / Monday, April 15, 2019 / Rules and Regulations update the civil penalty amounts by applying a specified formula. The Bureau has 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 impracticable and unnecessary. Furthermore, the Bureau finds under section 553(d)(3) of the APA that good cause exists to make this 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 by January 15 of each year, notwithstanding section 553 of the APA. Under the statutory framework and OMB guidance, the new penalty levels take effect immediately upon the effective date of the adjustment. The statutory deadline does not allow time to delay this rule’s effective date beyond publication. Moreover, an effective date after January 15 would delay application of the new penalty levels, contrary to Congress’s intent. List of Subjects Indians, Livestock. § 213.37 25 CFR 249 Fishing, Indians. For the reasons given in the preamble, the Department of the Interior amends Chapter 1 of title 25 Code of Federal Regulations as follows. Title 25—Indians Department of the Interior PART 140—LICENSED INDIAN TRADERS 1. The authority citation for part 140 is revised to read as follows: ■ Authority: Sec. 5, 19 Stat. 200, sec. 1, 31 Stat. 1066 as amended; 25 U.S.C. 261, 262; 94 Stat. 544, 18 U.S.C. 437; 25 U.S.C. 2 and 9; 5 U.S.C. 301; and Sec. 701, Pub. L. 114– 74, 129 Stat. 599, unless otherwise noted. [Amended] 2. In § 140.3, remove ‘‘$1,296’’ and add in its place ‘‘$1,329’’. ■ PART 141—BUSINESS PRACTICES ON THE NAVAJO, HOPI AND ZUNI RESERVATIONS Authority: 5 U.S.C. 301; 25 U.S.C. 2 and 9; and Sec. 701, Pub. L. 114–74, 129 Stat. 599, unless otherwise noted. § 141.50 [Amended] 4. In § 141.50, remove ‘‘$1,296’’ and add in its place ‘‘$1,329’’. ■ 25 CFR 211 Geothermal energy, Indians-lands, Mineral resources, Mines, Oil and gas exploration, Reporting and recordkeeping requirements. ■ 25 CFR 213 Indians-lands, Mineral resources, Mines, Oil and gas exploration, Reporting and recordkeeping requirements. Authority: Sec. 4, Act of May 11, 1938 (52 Stat. 347); Act of August 1, 1956 (70 Stat. 744); 25 U.S.C. 396a–g; 25 U.S.C. 2 and 9; and Sec. 701, Pub. L. 114–74, 129 Stat. 599, unless otherwise noted. 25 CFR 225 Geothermal energy, Indians-lands, Mineral resources, Mines, Oil and gas exploration, Penalties, Reporting and recordkeeping requirements, Surety bonds. 25 CFR 226 Indians-lands. 16:31 Apr 12, 2019 PART 225—OIL AND GAS, GEOTHERMAL AND SOLID MINERALS AGREEMENTS 9. The authority citation for part 225 is revised to read as follows: 5. The authority citation for part 211 is revised to read as follows: [Amended] 6. In § 211.55(a), remove ‘‘$1,558’’ and add in its place ‘‘$1,597’’. ■ PART 213—LEASING OF RESTRICTED LANDS FOR MEMBERS OF FIVE CIVILIZED TRIBES, OKLAHOMA, FOR MINING § 225.37 [Amended] 10. In § 225.37(a), remove ‘‘$1,650’’ and add in its place ‘‘$1,692’’. ■ PART 226—LEASING OF OSAGE RESERVATION LANDS FOR OIL AND GAS MINING 9. The authority citation for part 226 is revised to read as follows: ■ Authority: Sec. 3, 34 Stat. 543; secs. 1, 2, 45 Stat. 1478; sec. 3, 52 Stat. 1034, 1035; sec. 2(a), 92 Stat. 1660; and Sec. 701, Pub. L. 114– 74, 129 Stat. 599. § 226.42 [Amended] 10. In § 226.42, remove ‘‘$924’’ and add in its place ‘‘$948’’. ■ § 226.43 [Amended] 11. In § 226.43: a. Remove ‘‘$92’’ each time it appears and add in each place ‘‘$94’’ wherever it appears in this section. ■ b. In paragraph (e), remove ‘‘$185’’ and add in its place ‘‘$189’’. ■ c. In paragraph (f), remove ‘‘$369’’ and add in its place ‘‘$379’’. ■ d. In paragraph (g), remove ‘‘$924’’ and add in its place ‘‘$948’’. ■ ■ PART 227—LEASING OF CERTAIN LANDS IN WIND RIVER INDIAN RESERVATION, WYOMING, FOR OIL AND GAS MINING 12. The authority citation for part 227 is revised to read as follows: ■ Authority: Sec. 1, 39 Stat. 519; and Sec. 701, Pub. L. 114–74, 129 Stat. 599, unless otherwise noted. § 227.24 [Amended] 13. In § 227.24, remove ‘‘$1,296’’ and add in its place ‘‘$1,329’’. ■ PART 243—REINDEER IN ALASKA 25 CFR 227 Indians-lands, Mineral resources, Mines, Oil and gas exploration, Reporting and recordkeeping requirements. VerDate Sep<11>2014 PART 211—LEASING OF TRIBAL LANDS FOR MINERAL DEVELOPMENT § 211.55 8. In § 213.37, remove ‘‘$1,296’’ and add in its place ‘‘$1,329’’. ■ Authority: 25 U.S.C. 2, 9, and 2101–2108; and Sec. 701, Pub. L. 114–74, 129 Stat. 599. 3. The authority citation for part 141 is revised to read as follows: 25 CFR 141 Business and industry, Credit, Indians-business and finance, Penalties. [Amended] ■ Chapter 1—Bureau of Indian Affairs ■ 25 CFR 140 Business and industry, Indians, Penalties. amozie on DSK9F9SC42PROD with RULES 3, 11, 35 Stat. 313, 316; sec. 8, 47 Stat. 779, unless otherwise noted. 25 CFR 243 § 140.3 15101 Jkt 247001 7. The authority citation for part 213 is revised to read as follows: ■ Authority: Sec. 2, 35 Stat. 312; sec. 18, 41 Stat. 426; sec. 1, 45 Stat. 495; sec. 1, 47 Stat. 777; 25 U.S.C. 356; and Sec. 701, Pub. L. 114–74, 129 Stat. 599. Interpret or apply secs. Authority: Sec. 12, 50 Stat. 902; 25 U.S.C. 500K; and Sec. 701, Pub. L. 114–74, 129 Stat. 599. ■ PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 14. The authority citation for part 243 is revised to read as follows: E:\FR\FM\15APR1.SGM 15APR1 15102 § 243.8 Federal Register / Vol. 84, No. 72 / Monday, April 15, 2019 / Rules and Regulations [Amended] 15. In § 243.8(a), remove ‘‘$6,111’’ and add in its place ‘‘$6,265’’. ■ PART 249—OFF-RESERVATION TREATY FISHING 16. The authority citation for part 249 is revised to read as follows: ■ Authority: 25 U.S.C. 2, and 9; 5 U.S.C. 301; and Sec. 701, Pub. L. 114–74, 129 Stat. 599, unless otherwise noted. § 249.6 [Amended] 17. In § 249.6(b), remove ‘‘$1,296’’ and add in its place ‘‘$1,329’’. ■ Dated: February 1, 2019. Tara Sweeney, Assistant Secretary—Indian Affairs. [FR Doc. 2019–07469 Filed 4–12–19; 8:45 am] BILLING CODE 4337–15–P DEPARTMENT OF LABOR Occupational Safety and Health Administration 29 CFR Part 1910 Process Safety Management of Highly Hazardous Chemicals and Slings Occupational Safety and Health Administration (OSHA), Labor. ACTION: Final rule; technical amendments. AGENCY: OSHA is issuing technical amendments for minor corrections to the Process Safety Management of Highly Hazardous Chemicals and Slings standards. DATES: Effective on April 15, 2019. FOR FURTHER INFORMATION CONTACT: Press inquiries: Frank Meilinger, Director, OSHA Office of Communications; telephone: (202) 693– 1999; email: meilinger.francis2@dol.gov. General and technical information: Lisa Long, Director, Office of Engineering Safety, OSHA Directorate of Standards and Guidance; telephone: (202) 693–2222; email: long.lisa@ dol.gov. SUMMARY: SUPPLEMENTARY INFORMATION: I. Summary and Explanation amozie on DSK9F9SC42PROD with RULES Process Safety Management of Highly Hazardous Chemicals (§ 1910.1119) Appendix A of the Process Safety Management (PSM) standard (§ 1910.1119) contains the ‘‘List of Highly Hazardous Chemicals, Toxics and Reactives.’’ A typographical error was recently discovered in the Chemical Abstract Service (‘‘CAS’’) number for VerDate Sep<11>2014 16:31 Apr 12, 2019 Jkt 247001 the chemical ‘‘Methyl Vinyl Ketone.’’ The published version of the standard incorrectly lists the CAS number as ‘‘79–84–4;’’ the correct CAS number is ‘‘78–94–4.’’ The error first appears in the proposed rule of the standard (55 FR 29167, July 17, 1990). It should be noted that the incorrect CAS number, ‘‘79–84– 4,’’ is not a valid CAS number and does not represent a different chemical. The error is that the numerals eight and nine of the CAS number for methyl vinyl ketone were accidentally switched when publishing the proposed rule. That error was repeated in the final rule (57 FR 6407, Feb. 24, 1991). OSHA is correcting 29 CFR 1910.119 Process Safety Management of Highly Hazardous Chemicals to correct the CAS number for methyl vinyl ketone in Appendix A of the standard. not affect or change any existing rights or obligations. No stakeholder is likely to object to these corrections. Therefore, the agency finds good cause that public notice and comment are unnecessary within the meaning of 5 U.S.C. 553(b)(3)(B), 29 U.S.C. 655(b), and 29 CFR 1911.5. Slings (§ 1910.184) On June 8, 2011, OSHA updated its standards regulating slings for general industry (§ 1910.184); shipyard employment (§§ 1915.112, 1915.113, and 1915.118), and construction (§ 1926.251). Modifications to these standards included removal of previous load capacity tables (§ 1910.184, tables N–184–1, N–184–3 through N–184–22; and G–1 through G–5, G–7, G–8, and G– 10) and references to these tables (§ 1915.112; § 1915.113; and § 1926.251; tables H–1 and H–3 through H–19). The updated rule now requires employers to use slings with permanently affixed identification markings that depict the maximum load capacity. The final rule also provides similar protection for shackles in §§ 1915.113 and 1926.251. OSHA is correcting 29 CFR 1910.184 Slings to restore two figures, Figure N– 184–4 and Figure N–184–5,that were inadvertently removed by amendments published on June 8, 2011 (76 FR 33590; effective July 8, 2011). Figure N–184–4 shows the basic sling configurations with vertical legs. Figure N–184–5 shows the basic sling configurations with angled legs. Both of these figures are referenced in section (b) definitions of the standard and should not have been removed. Signed at Washington, DC, on April 4, 2019. Loren Sweatt, Acting Assistant Secretary of Labor for Occupational Safety and Health. II. Exemption From Notice-andComment Procedures OSHA determined that this rulemaking is not subject to the procedures for public notice and comment specified in Section 4 of the Administrative Procedures Act (5 U.S.C. 553), Section 6(b) of the Occupational Safety and Health Act of 1970 (29 U.S.C. 655(b)), and 29 CFR 1911.5. This rulemaking only corrects a minor typographical error and the erroneous deletion of illustrative figures and does PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 List of Subjects in 29 CFR Part 1910 Process Safety Management of Highly Hazardous Chemicals; Slings. Authority and Signature Loren Sweatt, Acting Assistant Secretary of Labor for Occupational Safety and Health, authorized the preparation of this document pursuant to 29 U.S.C. 653,655, and 657, Secretary’s Order 1–2012 (77 FR 3912; Jan. 25, 2012), and 29 CFR part 1911. Accordingly, OSHA is correcting 29 CFR part 1910 with the following technical amendments: PART 1910—OCCUPATIONAL SAFETY AND HEALTH STANDARDS Subpart H—Hazardous Materials 1. The authority citation for subpart H of part 1910 continues to read as follows: ■ Authority: Sections 4, 6, and 8 of the Occupational Safety and Health Act of 1970 (29 U.S.C. 653, 655, 657); Secretary of Labor’s Order No. 12–71 (36 FR 8754), 8–76 (41 FR 25059), 9–83 (48 FR 35736), 1–90 (55 FR 9033), 6–96 (62 FR 111), 3–2000 (65 FR 50017), or 5–2007 (72 FR 31159), 4–2010 (75 FR 55355) or 1–2012 (77 FR 3912), as applicable; and 29 CFR part 1911.Sections 1910.103, 1910.106 through 1910.111, and 1910.119, 1910.120, and 1910.122 through 1910.126 also issued under 29 CFR part 1911. Section 1910.119 also issued under Section 304, Clean Air Act Amendments of 1990 (Pub. L. 101–549), reprinted at 29 U.S.C.A. 655 Note. Section 1910.120 also issued under Section 126, Superfund Amendments and Reauthorization Act of 1986 as amended (29 U.S.C.A. 655 Note), and 5 U.S.C. 553. 2. In § 1910.119, revise appendix A to read as follows: ■ § 1910.119 Process safety management of highly hazardous chemicals. * * * * * Appendix A to § 1910.119—List of Highly Hazardous Chemicals, Toxics and Reactives (Mandatory) This appendix contains a listing of toxic and reactive highly hazardous chemicals E:\FR\FM\15APR1.SGM 15APR1

Agencies

[Federal Register Volume 84, Number 72 (Monday, April 15, 2019)]
[Rules and Regulations]
[Pages 15098-15102]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-07469]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs

[192A2100DD/AAKC001030/A0A501010.999900253G]

25 CFR Parts 140, 141, 211, 213, 225, 226, 227, 243, and 249

RIN 1076-AF40


Civil Penalties Inflation Adjustments; Annual Adjustments

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Final rule.

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

SUMMARY: This rule provides for annual adjustments to the level of 
civil monetary penalties contained in Bureau of Indian Affairs (Bureau) 
regulations to account for inflation under the Federal Civil Penalties 
Inflation Adjustment Act Improvements Act of 2015 and Office of 
Management and Budget (OMB) guidance.

DATES: This rule is effective on April 15, 2019.

FOR FURTHER INFORMATION CONTACT: Elizabeth Appel, Director, Office of 
Regulatory Affairs and Collaborative Action, Office of the Assistant 
Secretary--Indian Affairs; telephone (202) 273-4680, 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Background
II. Calculation of Annual Adjustments
III. Procedural Requirements
    A. Regulatory Planning and Review (E.O. 12866 and 13563)
    B. Reducing Regulation and Controlling Regulatory Costs (E.O. 
13771)
    C. Regulatory Flexibility Act
    D. Small Business Regulatory Enforcement Fairness Act
    E. Unfunded Mandates Reform Act
    F. Takings (E.O. 12630)
    G. Federalism (E.O. 13132)
    H. Civil Justice Reform (E.O. 12988)
    I. Consultation With Indian Tribes (E.O. 13175)
    J. Paperwork Reduction Act
    K. National Environmental Policy Act
    L. Effects on the Energy Supply (E.O. 13211)
    M. Clarity of This Regulation
    N. Administrative Procedure Act

I. Background

    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) (``the Act''). The Act requires Federal agencies 
to adjust the level of civil monetary penalties with an initial 
``catch-up'' adjustment through rulemaking and then 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.
    The Office of Management and Budget (OMB) issued guidance for 
Federal agencies on calculating the catch-up adjustment. See February 
24, 2016, Memorandum for the Heads of Executive Departments and 
Agencies, from Shaun Donovan, Director, Office of Management and 
Budget, re: Implementation of the Federal Civil Penalties Inflation 
Adjustment Act Improvements Act of 2015 (M-16-06). Under the guidance, 
the Department identified applicable civil monetary penalties and 
calculated the catch-up adjustment. 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 calculated catch-up adjustment 
is based on the percent change between the Consumer Price Index for all 
Urban Consumers (CPI0-U) 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-U.
    The Bureau issued an interim final rule providing for calculated 
catch-up adjustments on June 30, 2016 (81 FR 42478) with an effective 
date of August 1, 2016, and requesting comments post-promulgation. The 
Bureau issued a final rule affirming the catch-up adjustments set forth 
in the interim final rule on December 2, 2016 (81 FR 86953). The Bureau 
then issued a final rule making the next scheduled annual inflation 
adjustment for 2017 on January 23, 2017 (82 FR 7649) and for 2018 on 
February 6, 2018 (83 FR 5192).

II. Calculation of 2019 Annual Adjustments

    OMB recently issued guidance to assist Federal agencies in 
implementing the annual adjustments required by the Act which agencies 
must complete by January 15, 2019. See December 14, 2018, Memorandum 
for the Heads of Executive Departments and Agencies, from Mick 
Mulvaney, Director, Office of Management and Budget, re: Implementation 
of the Penalty Inflation Adjustments for 2019, Pursuant to the Federal 
Civil Penalties Inflation Adjustment Act Improvements Act of

[[Page 15099]]

2015 (M-19-04). The guidance states that the cost-of-living adjustment 
multiplier for 2019, based on the Consumer Price Index (CPI-U) for the 
month of October 2018, not seasonally adjusted, is 1.02522. (The annual 
inflation adjustments are based on the percent change between the 
October CPI-U preceding the date of the adjustment, and the prior 
year's October CPI-U. For 2019, OMB explains, October 2018 CPI-U 
(252.885) / October 2017 CPI-U (246.663) = 1.02522.) The guidance 
instructs agencies to complete the 2019 annual adjustment by 
multiplying each applicable penalty by the multiplier, 1.02522, and 
rounding to the nearest dollar. Further, agencies should apply the 
multiplier to the most recent penalty amount that includes the initial 
catch-up adjustment required by the Act.
    The annual adjustment applies to all civil monetary penalties with 
a dollar amount that are subject to the Act. This final rule adjusts 
the following civil monetary penalties contained in the Bureau's 
regulations for 2019 by multiplying 1.02522 (i.e., the cost-of-living 
adjustment multiplier for 2019) by each penalty amount as updated by 
the adjustment made in 2018:

----------------------------------------------------------------------------------------------------------------
                                                                      Current
                                                                      penalty         Annual         Adjusted
           CFR citation                Description of penalty        including      adjustment     penalty  for
                                                                      catchup      (multiplier)        2019
                                                                    adjustment
----------------------------------------------------------------------------------------------------------------
25 CFR 140.3.....................  Penalty for trading in Indian          $1,296         1.02522          $1,329
                                    country without a license.
25 CFR 141.50....................  Penalty for trading on                  1,296         1.02522           1,329
                                    Navajo, Hopi or Zuni
                                    reservations without a
                                    license.
25 CFR 211.55....................  Penalty for violation of                1,558         1.02522           1,597
                                    leases of Tribal land for
                                    mineral development,
                                    violation of part 211, or
                                    failure to comply with a
                                    notice of noncompliance or
                                    cessation order.
25 CFR 213.37....................  Penalty for failure of lessee           1,296         1.02522           1,329
                                    to comply with lease of
                                    restricted lands of members
                                    of the Five Civilized Tribes
                                    in Oklahoma for mining,
                                    operating regulations at
                                    part 213, or orders.
25 CFR 225.37....................  Penalty for violation of                1,650         1.02522           1,692
                                    minerals agreement,
                                    regulations at part 225,
                                    other applicable laws or
                                    regulations, or failure to
                                    comply with a notice of
                                    noncompliance or cessation
                                    order.
25 CFR 226.42....................  Penalty for violation of                  924         1.02522             948
                                    lease of Osage reservation
                                    lands for oil and gas mining
                                    or regulations at part 226,
                                    or noncompliance with the
                                    Superintendent's order.
25 CFR 226.43(a).................  Penalty per day for failure                92         1.02522              94
                                    to obtain permission to
                                    start operations.
25 CFR 226.43(b).................  Penalty per day for failure                92         1.02522              94
                                    to file records.
25 CFR 226.43(c).................  Penalty for each well and                  92         1.02522              94
                                    tank battery for failure to
                                    mark wells and tank
                                    batteries.
25 CFR 226.43(d).................  Penalty each day after                     92         1.02522              94
                                    operations are commenced for
                                    failure to construct and
                                    maintain pits.
25 CFR 226.43(e).................  Penalty for failure to comply             185         1.02522             189
                                    with requirements regarding
                                    valve or other approved
                                    controlling device.
25 CFR 226.43(f).................  Penalty for failure to notify             369         1.02522             379
                                    Superintendent before
                                    drilling, redrilling,
                                    deepening, plugging, or
                                    abandoning any well.
25 CFR 226.43(g).................  Penalty per day for failure               924         1.02522             948
                                    to properly care for and
                                    dispose of deleterious
                                    fluids.
25 CFR 226.43(h).................  Penalty per day for failure                92         1.02522              94
                                    to file plugging and other
                                    required reports.
25 CFR 227.24....................  Penalty for failure of lessee           1,296         1.02522           1,329
                                    of certain lands in Wind
                                    River Indian Reservation,
                                    Wyoming, for oil and gas
                                    mining to comply with lease
                                    provisions, operating
                                    regulations, regulations at
                                    part 227, or orders.
25 CFR 243.8.....................  Penalty for non-Native                  6,111         1.02522           6,265
                                    transferees of live Alaskan
                                    reindeer who violates part
                                    243, takes reindeer without
                                    a permit, or fails to abide
                                    by permit terms.
25 CFR 249.6(b)..................  Penalty for fishing in                  1,296         1.02522           1,329
                                    violation of regulations at
                                    part 249 (Off-Reservation
                                    Treaty Fishing).
----------------------------------------------------------------------------------------------------------------

    Consistent with the Act, the adjusted penalty levels for 2019 will 
take effect immediately upon the effective date of the adjustment. The 
adjusted penalty levels for 2019 will apply to penalties assessed after 
that date including, if consistent with agency policy, assessments 
associated with violations that occurred on or after November 2, 2015 
(the date of the Act). The Act does not, however, change previously 
assessed penalties that the Bureau is collecting or has collected. Nor 
does the Act change an agency's existing statutory authorities to 
adjust penalties.

III. Procedural Requirements

A. Regulatory Planning and Review (E.O. 12866 and 13563)

    Executive Order 12866 provides that the Office of Information and 
Regulatory Affairs in the Office of Management and Budget will review 
all significant rules. The Office of Information and Regulatory Affairs 
has determined that this rule is not significant.
    Executive Order 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. 
The executive order 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 have developed this rule in a manner consistent 
with these requirements.

[[Page 15100]]

B. Reducing Regulation and Controlling Regulatory Costs (Executive 
Order 13771)

    This rule is not an E.O. 13771 regulatory action because this rule 
is not significant under Executive Order 12866.

C. Regulatory Flexibility Act

    This rule will not have a significant economic effect on a 
substantial number of small entities under the Regulatory Flexibility 
Act (5 U.S.C. 601 et seq.) because the rule makes adjustments for 
inflation.

D. 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, or local government 
agencies, or geographic regions.
    (c) 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.

E. 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. A statement 
containing the information required by the Unfunded Mandates Reform Act 
(2 U.S.C. 1531 et seq.) is not required.

F. Takings (E.O. 12630)

    This rule does not affect a taking of private property or otherwise 
have taking implications under Executive Order 12630. A takings 
implication assessment is not required.

G. Federalism (E.O. 13132)

    Under the criteria in section 1 of Executive Order13132, this rule 
does not have sufficient federalism implications to warrant the 
preparation of a federalism summary impact statement. A federalism 
summary impact statement is not required.

H. Civil Justice Reform (E.O. 12988)

    This rule complies with the requirements of Executive Order 12988. 
Specifically, this rule: (a) Meets the criteria of section 3(a) 
requiring that all regulations be reviewed to eliminate errors and 
ambiguity and be written to minimize litigation; and (b) meets the 
criteria of section 3(b)(2) requiring that all regulations be written 
in clear language and contain clear legal standards.

I. 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's consultation policy and under the criteria 
in Executive Order 13175 and have determined that it has no substantial 
direct effects on federally recognized Indian Tribes and that 
consultation under the Department's Tribal consultation policy is not 
required.

J. Paperwork Reduction Act

    This rule does not contain information collection requirements, and 
a submission to the Office of Management and Budget 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.

K. 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. This 
rule is excluded from the requirement to prepare a detailed statement 
because it is a regulation of an administrative nature. (For further 
information see 43 CFR 46.210(i).) We have also determined that the 
rule does not involve any of the extraordinary circumstances listed in 
43 CFR 46.215 that would require further analysis under NEPA.

L. Effects on the Energy Supply (E.O. 13211)

    This rule is not a significant energy action under the definition 
in Executive Order 13211. A Statement of Energy Effects is not 
required.

M. Clarity of This Regulation

    We are required by Executive Orders 12866 (section 1 (b)(12)), 
12988 (section 3(b)(1)(B)), and 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; and
    (e) Use lists and tables wherever possible.
    If you feel that we have not met these requirements, send us 
comments by one of the methods listed in the ADDRESSES section. To 
better help us revise the rule, 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.

N. Administrative Procedure Act

    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), the 
Bureau finds that there is good cause to promulgate this rule without 
first providing for public comment. It would not be possible to meet 
the deadlines imposed by the Act if we were to first publish a proposed 
rule, allow the public sufficient time to submit comments, analyze the 
comments, and publish a final rule. Also, the Bureau is promulgating 
this final rule to implement the statutory directive in the Act, which 
requires agencies to publish a final rule and to

[[Page 15101]]

update the civil penalty amounts by applying a specified formula. The 
Bureau has 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 impracticable and unnecessary.
    Furthermore, the Bureau finds under section 553(d)(3) of the APA 
that good cause exists to make this 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 by January 15 of 
each year, notwithstanding section 553 of the APA. Under the statutory 
framework and OMB guidance, the new penalty levels take effect 
immediately upon the effective date of the adjustment. The statutory 
deadline does not allow time to delay this rule's effective date beyond 
publication. Moreover, an effective date after January 15 would delay 
application of the new penalty levels, contrary to Congress's intent.

List of Subjects

25 CFR 140

    Business and industry, Indians, Penalties.

25 CFR 141

    Business and industry, Credit, Indians-business and finance, 
Penalties.

25 CFR 211

    Geothermal energy, Indians-lands, Mineral resources, Mines, Oil and 
gas exploration, Reporting and recordkeeping requirements.

25 CFR 213

    Indians-lands, Mineral resources, Mines, Oil and gas exploration, 
Reporting and recordkeeping requirements.

25 CFR 225

    Geothermal energy, Indians-lands, Mineral resources, Mines, Oil and 
gas exploration, Penalties, Reporting and recordkeeping requirements, 
Surety bonds.

25 CFR 226

    Indians-lands.

25 CFR 227

    Indians-lands, Mineral resources, Mines, Oil and gas exploration, 
Reporting and recordkeeping requirements.

25 CFR 243

    Indians, Livestock.

25 CFR 249

    Fishing, Indians.

    For the reasons given in the preamble, the Department of the 
Interior amends Chapter 1 of title 25 Code of Federal Regulations as 
follows.

Title 25--Indians

Chapter 1--Bureau of Indian Affairs

Department of the Interior

PART 140--LICENSED INDIAN TRADERS

0
1. The authority citation for part 140 is revised to read as follows:

    Authority: Sec. 5, 19 Stat. 200, sec. 1, 31 Stat. 1066 as 
amended; 25 U.S.C. 261, 262; 94 Stat. 544, 18 U.S.C. 437; 25 U.S.C. 
2 and 9; 5 U.S.C. 301; and Sec. 701, Pub. L. 114-74, 129 Stat. 599, 
unless otherwise noted.


Sec.  140.3  [Amended]

0
2. In Sec.  140.3, remove ``$1,296'' and add in its place ``$1,329''.

PART 141--BUSINESS PRACTICES ON THE NAVAJO, HOPI AND ZUNI 
RESERVATIONS

0
3. The authority citation for part 141 is revised to read as follows:

    Authority: 5 U.S.C. 301; 25 U.S.C. 2 and 9; and Sec. 701, Pub. 
L. 114-74, 129 Stat. 599, unless otherwise noted.


Sec.  141.50  [Amended]

0
4. In Sec.  141.50, remove ``$1,296'' and add in its place ``$1,329''.

PART 211--LEASING OF TRIBAL LANDS FOR MINERAL DEVELOPMENT

0
5. The authority citation for part 211 is revised to read as follows:

    Authority: Sec. 4, Act of May 11, 1938 (52 Stat. 347); Act of 
August 1, 1956 (70 Stat. 744); 25 U.S.C. 396a-g; 25 U.S.C. 2 and 9; 
and Sec. 701, Pub. L. 114-74, 129 Stat. 599, unless otherwise noted.


Sec.  211.55  [Amended]

0
6. In Sec.  211.55(a), remove ``$1,558'' and add in its place 
``$1,597''.

PART 213--LEASING OF RESTRICTED LANDS FOR MEMBERS OF FIVE CIVILIZED 
TRIBES, OKLAHOMA, FOR MINING

0
7. The authority citation for part 213 is revised to read as follows:

    Authority: Sec. 2, 35 Stat. 312; sec. 18, 41 Stat. 426; sec. 1, 
45 Stat. 495; sec. 1, 47 Stat. 777; 25 U.S.C. 356; and Sec. 701, 
Pub. L. 114-74, 129 Stat. 599. Interpret or apply secs. 3, 11, 35 
Stat. 313, 316; sec. 8, 47 Stat. 779, unless otherwise noted.


Sec.  213.37  [Amended]

0
8. In Sec.  213.37, remove ``$1,296'' and add in its place ``$1,329''.

PART 225--OIL AND GAS, GEOTHERMAL AND SOLID MINERALS AGREEMENTS

0
9. The authority citation for part 225 is revised to read as follows:

    Authority: 25 U.S.C. 2, 9, and 2101-2108; and Sec. 701, Pub. L. 
114-74, 129 Stat. 599.


Sec.  225.37  [Amended]

0
10. In Sec.  225.37(a), remove ``$1,650'' and add in its place 
``$1,692''.

PART 226--LEASING OF OSAGE RESERVATION LANDS FOR OIL AND GAS MINING

0
9. The authority citation for part 226 is revised to read as follows:

    Authority: Sec. 3, 34 Stat. 543; secs. 1, 2, 45 Stat. 1478; sec. 
3, 52 Stat. 1034, 1035; sec. 2(a), 92 Stat. 1660; and Sec. 701, Pub. 
L. 114-74, 129 Stat. 599.


Sec.  226.42  [Amended]

0
10. In Sec.  226.42, remove ``$924'' and add in its place ``$948''.


Sec.  226.43  [Amended]

0
11. In Sec.  226.43:
0
a. Remove ``$92'' each time it appears and add in each place ``$94'' 
wherever it appears in this section.
0
b. In paragraph (e), remove ``$185'' and add in its place ``$189''.
0
c. In paragraph (f), remove ``$369'' and add in its place ``$379''.
0
d. In paragraph (g), remove ``$924'' and add in its place ``$948''.

PART 227--LEASING OF CERTAIN LANDS IN WIND RIVER INDIAN 
RESERVATION, WYOMING, FOR OIL AND GAS MINING

0
12. The authority citation for part 227 is revised to read as follows:

    Authority: Sec. 1, 39 Stat. 519; and Sec. 701, Pub. L. 114-74, 
129 Stat. 599, unless otherwise noted.


Sec.  227.24  [Amended]

0
13. In Sec.  227.24, remove ``$1,296'' and add in its place ``$1,329''.

PART 243--REINDEER IN ALASKA

0
14. The authority citation for part 243 is revised to read as follows:

    Authority: Sec. 12, 50 Stat. 902; 25 U.S.C. 500K; and Sec. 701, 
Pub. L. 114-74, 129 Stat. 599.

[[Page 15102]]

Sec.  243.8  [Amended]

0
15. In Sec.  243.8(a), remove ``$6,111'' and add in its place 
``$6,265''.

PART 249--OFF-RESERVATION TREATY FISHING

0
16. The authority citation for part 249 is revised to read as follows:

    Authority: 25 U.S.C. 2, and 9; 5 U.S.C. 301; and Sec. 701, Pub. 
L. 114-74, 129 Stat. 599, unless otherwise noted.


Sec.  249.6  [Amended]

0
17. In Sec.  249.6(b), remove ``$1,296'' and add in its place 
``$1,329''.

    Dated: February 1, 2019.
Tara Sweeney,
Assistant Secretary--Indian Affairs.
[FR Doc. 2019-07469 Filed 4-12-19; 8:45 am]
BILLING CODE 4337-15-P