Inflation Adjustments to Civil Monetary Penalty Rates for Calendar Year 2020, 7221-7223 [2020-01724]
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7221
Federal Register / Vol. 85, No. 26 / Friday, February 7, 2020 / Rules and Regulations
§ 550.1403
penalty?
What is the maximum civil
ACTION:
Final rule.
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
2018 and October 2019.
DATES: This rule is effective on February
7, 2020.
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 Michael
Marchetti, Chief of Enforcement, by
telephone at (303) 231–3125 or email to
Michael.Marchetti@onrr.gov. You may
obtain a paper copy of this rule by
contacting Mr. Aguilar by phone or
email.
SUPPLEMENTARY INFORMATION:
SUMMARY:
The maximum civil penalty is
$45,463 per day per violation.
PART 553—OIL SPILL FINANCIAL
RESPONSIBILITY FOR OFFSHORE
FACILITIES
3. The authority citation for part 553
continues to read as follows:
■
Authority: 33 U.S.C. 2704, 2716; E.O.
12777, as amended.
4. Revise § 553.51(a) to read as
follows:
■
§ 553.51 What are the penalties for not
complying with this part?
(a) If you fail to comply with the
financial responsibility requirements of
OPA at 33 U.S.C. 2716 or with the
requirements of this part, then you may
be liable for a civil penalty of up to
$48,192 per COF per day of violation
(that is, each day a COF is operated
without acceptable evidence of OSFR).
*
*
*
*
*
[FR Doc. 2020–02059 Filed 2–6–20; 8:45 am]
BILLING CODE 4310–MR–P
DEPARTMENT OF THE INTERIOR
Office of Natural Resources Revenue
30 CFR Part 1241
[Docket No. ONRR–2017–0003; DS63644000
DRT000000.CH7000 201D1113RT]
RIN 1012–AA25
Inflation Adjustments to Civil Monetary
Penalty Rates for Calendar Year 2020
Office of the Secretary, Office
of Natural Resources Revenue, Interior.
AGENCY:
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
1241.52(a)(2) .............................................................................................................
1241.52(b) ..................................................................................................................
1241.60(b)(1) .............................................................................................................
1241.60(b)(2) .............................................................................................................
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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
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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
III. Procedural Requirements
the Federal Civil Penalties Inflation
Adjustment Act Improvements Act of
2015 (collectively, ‘‘the Act’’), codified
at 28 U.S.C. 2461 (specifically, see the
notes for more information), 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 2020 is based on the
percent change in the Consumer Price
Index for all Urban Consumers (CPI–U)
between October 2018 and October
2019. The CPI–U for October 2018 was
252.885, and for October 2019 was
257.346, for an increase of 1.764%. 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.
$1,251
12,519
25,037
62,595
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
PO 00000
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2020 inflation
adjustment
multiplier
2020 adjusted
penalty rate
1.01764
1.01764
1.01764
1.01764
$1,273
12,740
25,479
63,699
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
E:\FR\FM\07FER1.SGM
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Federal Register / Vol. 85, No. 26 / Friday, February 7, 2020 / Rules and Regulations
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
takings 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.
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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.
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H. Consultation With Indian Tribal
Governments (E.O. 13175)
The Department 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. 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 federallyrecognized 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
PO 00000
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Fmt 4700
Sfmt 4700
should be as specific as possible. For
example, you should tell us the number
of the sections or paragraphs that you
find unclear, which sections or
sentences are too long, the sections
where you feel lists or tables would be
useful, etc.
M. Administrative Procedure Act (APA)
The Act requires agencies to publish
annual inflation adjustments by no later
than January 15 of each year,
notwithstanding section 553 of the
Administrative Procedure Act (APA) (5
U.S.C. 553). OMB has interpreted this
direction to mean that the usual APA
public procedure for rulemaking—
which includes public notice of a
proposed rule, an opportunity for public
comment, and a delay in the effective
date of a final rule—is not required
when agencies issue regulations to
implement the annual adjustments to
civil penalties that the Act requires.
Accordingly, we are issuing the 2020
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
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Federal Register / Vol. 85, No. 26 / Friday, February 7, 2020 / Rules and Regulations
Gregory J. Gould,
Director for Office of Natural Resources
Revenue.
Contributing to the Situation in Mali’’).
OFAC intends to supplement these
regulations with a more comprehensive
set of regulations, which may include
additional interpretive and definitional
guidance, general licenses, and
statements of licensing policy.
DATES: Effective Date: February 7, 2020.
FOR FURTHER INFORMATION CONTACT:
OFAC: Assistant Director for Licensing,
202–622–2480; Assistant Director for
Regulatory Affairs, 202–622–4855; or
Assistant Director for Sanctions
Compliance & Evaluation, 202–622–
2490.
Authority and Issuance
SUPPLEMENTARY INFORMATION:
For the reasons discussed in the
preamble, ONRR amends 30 CFR part
1241 as set forth below:
Electronic Availability
This document and additional
information concerning OFAC are
available on OFAC’s website
(www.treasury.gov/ofac).
are to take effect immediately upon
publication. Moreover, an effective date
after January 15 would delay
application of the new penalty levels,
contrary to Congress’s intent.
List of Subjects in 30 CFR Part 1241
Administrative practice and
procedure, Civil penalties, Coal,
Geothermal, Inflation, Mineral
resources, Natural gas, Notices of noncompliance, Oil.
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 by:
a. In paragraph (a)(2), removing
‘‘$1,251’’ and adding in its place
‘‘$1,273’’.
■ b. In paragraph (b) introductory text,
removing ‘‘$12,519’’ and adding in its
place ‘‘$12,740’’.
■
■
§ 1241.60
[Amended]
3. Amend § 1241.60 by:
a. In paragraph (b)(1) introductory
text, removing ‘‘$25,037’’ and adding in
its place ‘‘$25,479’’.
■ b. In paragraph (b)(2), removing
‘‘$62,595’’ and adding in its place
‘‘$63,699’’.
■
■
[FR Doc. 2020–01724 Filed 2–6–20; 8:45 am]
BILLING CODE 4335–30–P
DEPARTMENT OF THE TREASURY
Office of Foreign Assets Control
31 CFR Part 555
Mali Sanctions Regulations
Office of Foreign Assets
Control, Treasury.
ACTION: Final rule.
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AGENCY:
The Department of the
Treasury’s Office of Foreign Assets
Control (OFAC) is adding regulations to
implement Executive Order 13882 of
July 26, 2019 (‘‘Blocking Property and
Suspending Entry of Certain Persons
SUMMARY:
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Background
On July 26, 2019, the President,
invoking the authority of, inter alia, the
International Emergency Economic
Powers Act (50 U.S.C. 1701–1706)
(IEEPA) and the United Nations
Participation Act (22 U.S.C. 287c)
(UNPA), issued Executive Order 13882
(84 FR 37055, July 30, 2019) (E.O.
13882).
In E.O. 13882, the President
determined that the situation in Mali,
including repeated violations of
ceasefire arrangements made pursuant
to the 2015 Agreement on Peace and
Reconciliation in Mali; the expansion of
terrorist activities into southern and
central Mali; the intensification of drug
trafficking and trafficking in persons,
human rights abuses, and hostagetaking; and the intensification of attacks
against civilians, the Malian defense
and security forces, the United Nations
Multidimensional Integrated
Stabilizations Mission in Mali
(MINUSMA), and international security
presences, constitutes an unusual and
extraordinary threat to the national
security and foreign policy of the United
States, and declared a national
emergency to deal with that threat.
OFAC is issuing the Mali Sanctions
Regulations, 31 CFR part 555 (the
‘‘Regulations’’), to implement E.O.
13882, pursuant to authorities delegated
to the Secretary of the Treasury in E.O.
13882. A copy of E.O. 13882 appears in
appendix A to this part.
The Regulations are being published
in abbreviated form at this time for the
purpose of providing immediate
guidance to the public. OFAC intends to
supplement this part 555 with a more
comprehensive set of regulations, which
may include additional interpretive and
PO 00000
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7223
definitional guidance, general licenses,
and statements of licensing policy. The
appendix to the Regulations will be
removed when OFAC supplements this
part with a more comprehensive set of
regulations.
Public Participation
Because the Regulations involve a
foreign affairs function, the provisions
of Executive Order 12866 and the
Administrative Procedure Act (5 U.S.C.
553) requiring notice of proposed
rulemaking, opportunity for public
participation, and delay in effective
date, as well as the provisions of
Executive Order 13771, are
inapplicable. Because no notice of
proposed rulemaking is required for this
rule, the Regulatory Flexibility Act (5
U.S.C. 601–612) does not apply.
Paperwork Reduction Act
The collections of information related
to the Regulations are contained in 31
CFR part 501 (the ‘‘Reporting,
Procedures and Penalties Regulations’’).
Pursuant to the Paperwork Reduction
Act of 1995 (44 U.S.C. 3507), those
collections of information have been
approved by the Office of Management
and Budget under control number 1505–
0164. An agency may not conduct or
sponsor, and a person is not required to
respond to, a collection of information
unless the collection of information
displays a valid control number.
List of Subjects in 31 CFR Part 555
Administrative practice and
procedure, Banks, Banking, Blocking of
assets, Mali, Penalties, Reporting and
recordkeeping requirements, Sanctions.
For the reasons set forth in the
preamble, the Department of the
Treasury’s Office of Foreign Assets
Control adds part 555 to 31 CFR chapter
V to read as follows:
■
PART 555—MALI SANCTIONS
REGULATIONS
Subpart A—Relation of This Part to Other
Laws and Regulations
Sec.
555.101 Relation of this part to other laws
and regulations.
Subpart B—Prohibitions
555.201 Prohibited transactions.
555.202 Effect of transfers violating the
provisions of this part.
555.203 Holding of funds in interestbearing accounts; investment and
reinvestment.
555.204 Expenses of maintaining blocked
physical property; liquidation of blocked
property.
555.205 Exempt transactions.
E:\FR\FM\07FER1.SGM
07FER1
]]>Agencies
[Federal Register Volume 85, Number 26 (Friday, February 7, 2020)]
[Rules and Regulations]
[Pages 7221-7223]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-01724]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Office of Natural Resources Revenue
30 CFR Part 1241
[Docket No. ONRR-2017-0003; DS63644000 DRT000000.CH7000 201D1113RT]
RIN 1012-AA25
Inflation Adjustments to Civil Monetary Penalty Rates for
Calendar Year 2020
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 2018 and October 2019.
DATES: This rule is effective on February 7, 2020.
FOR FURTHER INFORMATION CONTACT: For questions on procedural issues,
contact Luis Aguilar, Regulatory Specialist, by telephone at (303) 231-
3418 or email to [email protected]. For questions on technical
issues, contact Michael Marchetti, Chief of Enforcement, by telephone
at (303) 231-3125 or email to [email protected]. 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 (specifically, see the notes for more information),
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 2020 is based on the percent change in the
Consumer Price Index for all Urban Consumers (CPI-U) between October
2018 and October 2019. The CPI-U for October 2018 was 252.885, and for
October 2019 was 257.346, for an increase of 1.764%. 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.
----------------------------------------------------------------------------------------------------------------
2020 inflation
30 CFR citation Current penalty adjustment 2020 adjusted
rate multiplier penalty rate
----------------------------------------------------------------------------------------------------------------
1241.52(a)(2).......................................... $1,251 1.01764 $1,273
1241.52(b)............................................. 12,519 1.01764 12,740
1241.60(b)(1).......................................... 25,037 1.01764 25,479
1241.60(b)(2).......................................... 62,595 1.01764 63,699
----------------------------------------------------------------------------------------------------------------
III. 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
[[Page 7222]]
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 takings 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.
G. Civil Justice Reform (E.O. 12988)
This rule complies with the requirements of E.O. 12988.
Specifically, this rule:
a. Meets the criteria of section 3(a), which requires that we
review all regulations to eliminate errors and ambiguity and to write
them to minimize litigation.
b. Meets the criteria of section 3(b)(2), which requires that we
write all regulations in clear language, using clear legal standards.
H. Consultation With Indian Tribal Governments (E.O. 13175)
The Department strives to strengthen its government-to-government
relationship with Indian Tribes through a commitment to consultation
with Indian Tribes and recognition of their right to self-governance
and Tribal sovereignty. Under the Department's consultation policy and
the criteria in E.O. 13175, we evaluated this rule and determined that
it will have no substantial, direct effects on federally-recognized
Indian Tribes and does not require consultation.
I. Paperwork Reduction Act
This rule:
(a) Does not contain any new information collection requirements.
(b) Does not require a submission to OMB under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501, et seq.). See 5 CFR
1320.4(a)(2).
J. National Environmental Policy Act of 1969 (NEPA)
This rule does not constitute a major Federal action significantly
affecting the quality of the human environment. We are not required to
provide a detailed statement under NEPA because this rule qualifies for
categorical exclusion under 43 CFR 46.210(i) in that this rule is ``. .
. of an administrative, financial, legal, technical, or procedural
nature.. . .'' We also have determined that this rule is not involved
in any of the extraordinary circumstances listed in 43 CFR 46.215 that
would require further analysis under NEPA.
K. Effects on the Energy Supply (E.O. 13211)
This rule is not a significant energy action under the definition
in E.O. 13211 and, therefore, does not require a Statement of Energy
Effects.
L. Clarity of This Regulation
We are required by E.O. 12866 (section 1(b)(12)), E.O. 12988
(section 3(b)(1)(B)), and E.O. 13563 (section 1(a)), and by the
Presidential Memorandum of June 1, 1998, to write all rules in plain
language. This means that each rule we publish must:
(a) Be logically organized.
(b) Use the active voice to address readers directly.
(c) Use common, everyday words and clear language rather than
jargon.
(d) Be divided into short sections and sentences.
(e) Use lists and tables wherever possible.
If you feel that we have not met these requirements, send your
comments to [email protected]. Your comments should be as specific
as possible. For example, you should tell us the number of the sections
or paragraphs that you find unclear, which sections or sentences are
too long, the sections where you feel lists or tables would be useful,
etc.
M. Administrative Procedure Act (APA)
The Act requires agencies to publish annual inflation adjustments
by no later than January 15 of each year, notwithstanding section 553
of the Administrative Procedure Act (APA) (5 U.S.C. 553). OMB has
interpreted this direction to mean that the usual APA public procedure
for rulemaking--which includes public notice of a proposed rule, an
opportunity for public comment, and a delay in the effective date of a
final rule--is not required when agencies issue regulations to
implement the annual adjustments to civil penalties that the Act
requires. Accordingly, we are issuing the 2020 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
[[Page 7223]]
are to take effect immediately upon publication. Moreover, an effective
date after January 15 would delay application of the new penalty
levels, contrary to Congress's intent.
List of Subjects in 30 CFR Part 1241
Administrative practice and procedure, Civil penalties, Coal,
Geothermal, Inflation, Mineral resources, Natural gas, Notices of non-
compliance, Oil.
Gregory J. Gould,
Director for Office of Natural Resources Revenue.
Authority and Issuance
For the reasons discussed in the preamble, ONRR amends 30 CFR part
1241 as set forth below:
PART 1241--PENALTIES
0
1. The authority citation for part 1241 continues to read as follows:
Authority: 25 U.S.C. 396 et seq., 396a et seq., 2101 et seq.;
30 U.S.C. 181 et seq., 351 et seq., 1001 et seq., 1701 et seq.; 43
U.S.C. 1301 et seq., 1331 et seq., 1801 et seq.
Sec. 1241.52 [Amended]
0
2. Amend Sec. 1241.52 by:
0
a. In paragraph (a)(2), removing ``$1,251'' and adding in its place
``$1,273''.
0
b. In paragraph (b) introductory text, removing ``$12,519'' and adding
in its place ``$12,740''.
Sec. 1241.60 [Amended]
0
3. Amend Sec. 1241.60 by:
0
a. In paragraph (b)(1) introductory text, removing ``$25,037'' and
adding in its place ``$25,479''.
0
b. In paragraph (b)(2), removing ``$62,595'' and adding in its place
``$63,699''.
[FR Doc. 2020-01724 Filed 2-6-20; 8:45 am]
BILLING CODE 4335-30-P
