2022 Civil Monetary Penalty Inflation Adjustments, 1671-1673 [2022-00165]
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Federal Register / Vol. 87, No. 8 / Wednesday, January 12, 2022 / Rules and Regulations
comments are posted at regulations.gov
under ID BIS–2020–0038. Based on
issues raised by some of the public
comments, BIS may consider some
modifications for the final rule. Some of
the comments described the necessary
compliance measures that industry
would have to complete to comply with
the October 21, 2021 rule and, on that
basis, requested that BIS delay the rule’s
effective date in order to allow industry
sufficient time to update the requisite
compliance procedures and for BIS to
provide additional public guidance. BIS
agrees that it is important to allow
enough time for industry to implement
the compliance measures and
procedures necessary to comply with
the published interim final rule, as well
as for BIS to provide the public with
additional guidance. Therefore, BIS is
delaying the effective date of the
October 21, 2021 interim final rule by
45 days, to March 7, 2022. This action
does not extend or reopen the comment
period for BIS’s previous request for
comments on the interim final rule.
Export Control Reform Act of 2018
On August 13, 2018, the President
signed into law the John S. McCain
National Defense Authorization Act for
Fiscal Year 2019, which included the
Export Control Reform Act of 2018
(ECRA), 50 U.S.C. Sections 4801–4852.
ECRA provides the legal basis for BIS’s
principal authorities and serves as the
authority under which BIS issues this
action.
Thea D. Rozman Kendler,
Assistant Secretary for Export
Administration.
[FR Doc. 2022–00448 Filed 1–11–22; 8:45 am]
BILLING CODE 3510–33–P
DEPARTMENT OF THE INTERIOR
Office of Natural Resources Revenue
30 CFR Part 1241
[Docket No. ONRR–2021–0002; DS63644000
DRT000000.CH7000 223D1113RT]
RIN 1012–AA31
2022 Civil Monetary Penalty Inflation
Adjustments
Office of Natural Resources
Revenue (‘‘ONRR’’), Interior.
ACTION: Final rule.
AGENCY:
ONRR is adjusting for
inflation the civil monetary penalty
(‘‘CMP’’) amounts it assesses under the
Federal Oil and Gas Royalty
Management Act of 1982 (‘‘FOGRMA’’).
DATES: This rule is effective on January
12, 2022.
FOR FURTHER INFORMATION CONTACT: For
questions on procedural issues, contact
Luis Aguilar, Regulatory Specialist, by
telephone at (303) 231–3148 or email to
ONRR_RegulationsMailbox@onrr.gov.
For questions on technical issues,
contact Michael Marchetti, Enforcement
Program Manager, by telephone at (303)
231–3125 or email to
Michael.Marchetti@onrr.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Background
II. ONRR’s Inflation-Adjusted Maximum
Rates
III. Procedural Matters
A. Regulatory Planning and Review
(Executive Orders 12866 and 13563)
B. Regulatory Flexibility Act
C. Small Business Regulatory Enforcement
Fairness Act
D. Unfunded Mandates Reform Act
E. Takings (Executive Order 12630)
F. Federalism (Executive Order 13132)
G. Civil Justice Reform (Executive Order
12988)
H. Consultation With Indian Tribes
(Executive Order 13175)
I. Paperwork Reduction Act
J. National Environmental Policy Act
K. Effects on the Energy Supply (Executive
Order 13211)
L. Clarity of This Regulation
M. Administrative Procedure Act
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I. Background
The Secretary of the Interior
(‘‘Secretary’’) is authorized, under 30
U.S.C. 1719(a)–(d), to assess CMPs for
royalty reporting and other violations.
Pursuant to authority delegated to it by
the Secretary, ONRR published
regulations at 30 CFR part 1241
implementing the Secretary’s CMP
authority. The Federal Civil Penalties
Inflation Adjustment Act of 1990, as
amended by the Federal Civil Penalties
Inflation Adjustment Act Improvements
Act of 2015 (Pub. L. 114–74) (the ‘‘2015
Act’’) (collectively referred to herein as
the ‘‘Inflation Adjustment Acts’’) require
Federal agencies to publish annual CMP
inflation adjustments in the Federal
Register by January 15th of each year.
The Inflation Adjustment Acts and
Office of Management and Budget
(‘‘OMB’’) Memorandum No. M–22–07,
Implementation of Penalty Inflation
Adjustments for 2022, Pursuant to the
Federal Civil Penalties Inflation
Adjustment Act Improvements Act of
2015, December 15, 2021 (‘‘OMB
Memorandum’’) specify that, for
purposes of this rule, the annual
inflation adjustments are based on the
percent change between the Consumer
Price Index for all Urban Consumers
(‘‘CPI–U’’) published by the Department
of Labor for October 2021 (October of
the year in which ONRR’s last CMP
adjustment was published), and October
2020. The OMB Memorandum further
specifies that the cost-of-living
adjustment multiplier for 2022, not
seasonally adjusted, is 1.06222 for CY
2022 (the October 2021 CPI–U (276.589)
divided by the October 2020 CPI–U
(260.388) = 1.06222). ONRR used this
guidance to calculate required inflation
adjustments. Pursuant to the Inflation
Adjustment Acts and OMB
Memorandum, any increases in CMPs
are rounded to the nearest whole dollar
and the new maximum penalty rates
apply to CMPs assessed after the date
the increase takes effect.
II. ONRR’s Inflation-Adjusted
Maximum Rates
This final rule increases the
maximum CMP dollar amounts for each
of the four violation categories
identified in 30 U.S.C. 1719(a)–(d) and
implemented by 30 CFR part 1241. The
following table identifies the applicable
ONRR regulations, the dollar amounts
set forth in the regulations, and the
adjusted amounts.
Current
maximum
penalty
30 CFR citation
1241.52(a)(2) ...............................................................................................................................
1241.52(b) ....................................................................................................................................
1241.60(b)(1) ...............................................................................................................................
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$1,288
12,891
25,780
12JAR1
2022
Inflation
adjustment
multiplier
1.06222
1.06222
1.06222
2022
Adjusted
maximum
penalty
$1,368
13,693
27,384
1672
Federal Register / Vol. 87, No. 8 / Wednesday, January 12, 2022 / Rules and Regulations
Current
maximum
penalty
30 CFR citation
1241.60(b)(2) ...............................................................................................................................
III. Procedural Matters
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 the
OMB will review all significant rules.
OIRA has determined that agency
regulations intended only to implement
the annual inflation adjustments are not
significant, provided they are consistent
with the OMB Memorandum. Because
ONRR is only implementing the annual
inflation adjustments in this final rule,
this rule is not significant under E.O.
12866.
E.O. 13563 reaffirms the principles of
E.O. 12866, while calling for
improvements in the United States’
regulatory system to promote
predictability, to reduce uncertainty,
and to use the 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 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. ONRR
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 an
adjustment for inflation. The 2015 Act
requires agencies to adjust CMPs with
an annual inflation adjustment.
Therefore, the RFA does not apply to
this rulemaking.
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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;
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15:56 Jan 11, 2022
Jkt 256001
individual industries; Federal, State,
local government agencies; or
geographic regions; and
(c) Does not have significant adverse
effects on competition, employment,
investment, productivity, innovation, or
the ability of United States-based
enterprises to compete with foreignbased enterprises.
D. Unfunded Mandates Reform Act
This rule does not impose an
unfunded mandate on State, local, or
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, ONRR is 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 ONRR review all
regulations to eliminate errors and
ambiguity and to write them to
minimize litigation; and
(b) Meets the criteria of section
3(b)(2), which requires that ONRR write
all regulations in clear language, using
clear legal standards.
H. Consultation With Indian Tribal
Governments (E.O. 13175)
The Department of the Interior
(‘‘DOI’’) 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.
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64,452
2022
Inflation
adjustment
multiplier
1.06222
2022
Adjusted
maximum
penalty
68,462
Under the DOI’s consultation policy and
the criteria in E.O. 13175, ONRR
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;
and
(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.
ONRR is 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 . . . .’’ ONRR also has
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
ONRR is 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 ONRR publishes 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 ONRR has not met
these requirements, send your
E:\FR\FM\12JAR1.SGM
12JAR1
Federal Register / Vol. 87, No. 8 / Wednesday, January 12, 2022 / Rules and Regulations
comments to Luis Aguilar, Regulatory
Specialist at ONRR_
RegulationsMailbox@onrr.gov. Your
comments should be as specific as
possible. For example, you should
identify 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 Inflation Adjustment Acts require
agencies to publish annual inflation
adjustments by January 15 of each year,
notwithstanding section 553 of the APA.
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
CMPs required by the 2015 Act. See
OMB Memorandum, M–22–07, at page
3–4. Accordingly, ONRR is issuing the
2022 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.
List of Subjects in 30 CFR Part 1241
Administrative practice and
procedure, Penalties.
Administrative practice and
procedure, Coal, Geothermal energy,
Indian—lands, Mineral royalties,
Natural gas, Oil and gas exploration,
Penalties, Public lands—mineral
resources.
Authority and Issuance
For the reasons discussed in the
preamble, ONRR amends 30 CFR part
1241 as set forth below:
PART 1241—PENALTIES
1. The authority citation for part 1241
continues to read as follows:
■
Authority: 25 U.S.C. 396 et seq., 396a et
seq., 2101 et seq.; 30 U.S.C. 181 et seq., 351
et seq., 1001 et seq., 1701 et seq.; 43 U.S.C.
1301 et seq., 1331 et seq., 1801 et seq.
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[Amended]
2. Amend § 1241.52:
a. In paragraph (a)(2), by removing
‘‘$1,288’’ and adding in its place
‘‘$1,368’’.
■ b. In paragraph (b) introductory text,
by removing ‘‘$12,891’’ and adding in
its place ‘‘$13,693’’.
■
■
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15:56 Jan 11, 2022
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[Amended]
3. Amend § 1241.60:
a. In paragraph (b)(1) introductory
text, by removing ‘‘$25,780’’ and adding
in its place ‘‘$27,384’’.
■ b. In paragraph (b)(2), by removing
‘‘$64,452’’ and adding in its place
‘‘$68,462’’.
■
■
[FR Doc. 2022–00165 Filed 1–11–22; 8:45 am]
BILLING CODE 4335–30–P
POSTAL SERVICE
39 CFR Part 111
Plus One Permanent Product
Postal ServiceTM.
Final rule.
AGENCY:
ACTION:
On November 10, 2021, the
Postal Service (USPS®) filed a notice of
intent to implement Plus One as a
permanent product with the Postal
Regulatory Commission (PRC), effective
January 9, 2022. This final rule contains
the revisions to Mailing Standards of
the United States Postal Service,
Domestic Mail Manual (DMM®) to adopt
Plus One mailpiece as a permanent
product.
SUMMARY:
Effective date: January 9, 2022.
Elke
Reuning-Elliott at (202) 268–4068 or
Jacqueline Erwin at (202) 268–2158.
SUPPLEMENTARY INFORMATION: On
November 10, 2021, the Postal Service
filed a request to add Plus One as a new
permanent product offering to USPS
Marketing Mail saturation letters as a
new optional feature. The Postal Service
conducted a two-year market test of Plus
One, beginning September 2019.
Plus One is an advertising card
mailed as an add-on mailpiece with a
USPS Marketing Mail letters marriage
mail envelope. The host mailpiece must
be mailed as a commercial automation
USPS Marketing Mail saturation
marriage mail letter, with a minimum of
90 percent of the mailing being
saturation sorted. The remaining 10
percent must be USPS Marketing Mail
high density and/or high density plus
letters. All mailpieces must be entered
at the destinating sectional center
facility, SCF, and the Plus One add-on
card must be part of the same mailing
as the host piece, addressed to the same
delivery points.
On January 4, 2022, the PRC favorably
reviewed the addition of Plus One as a
permanent Market Dominant product
proposed by the Postal Service. The
price and DMM revisions are scheduled
to become effective on January 9, 2022.
Final product information is available
DATES:
FOR FURTHER INFORMATION CONTACT:
Kimbra G. Davis,
Director for the Office of Natural Resources
Revenue.
§ 1241.52
§ 1241.60
PO 00000
Frm 00017
Fmt 4700
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1673
under Docket No. MC2022–20 (Order
No. 6081) on the Postal Regulatory
Commission’s website at www.prc.gov.
*
*
*
*
*
List of Subjects in 39 CFR Part 111
Administrative practice and
procedure, Postal Service.
The Postal Service adopts the
following changes to Mailing Standards
of the United States Postal Service,
Domestic Mail Manual (DMM),
incorporated by reference in the Code of
Federal Regulations. See 39 CFR 111.1.
We will publish an appropriate
amendment to 39 CFR part 111 to reflect
these changes.
Accordingly, 39 CFR part 111 is
amended as follows:
PART 111—[AMENDED]
1. The authority citation for 39 CFR
part 111 continues to read as follows:
■
Authority: 5 U.S.C. 552(a); 13 U.S.C. 301–
307; 18 U.S.C. 1692–1737; 39 U.S.C. 101,
401–404, 414, 416, 3001–3018, 3201–3220,
3401–3406, 3621, 3622, 3626, 3629, 3631–
3633, 3641, 3681–3685, and 5001.
2. Revise the Mailing Standards of the
United States Postal Service, Domestic
Mail Manual (DMM) as follows:
■
Mailing Standards of the United States
Postal Service, Domestic Mail Manual
(DMM)
*
*
*
*
*
200 Commercial Letters, Flats, and
Parcels Design Standards
*
*
*
204
Barcode Standards
*
*
*
*
*
*
*
3.0 Standards for Barcoded Tray
Labels, Sack Labels, and Container
Labels
*
*
*
*
*
3.2 Specifications for Barcoded Tray
and Sack Labels
*
*
*
*
*
3.2.4 3-Digit Content Identifier
Numbers
Exhibit 3.2.4
Numbers
3-Digit Content Identifier
CLASS AND MAILING
*
*
*
*
*
[Revise Exhibit 3.2.4; to read as
follows:]
E:\FR\FM\12JAR1.SGM
12JAR1
]]>Agencies
[Federal Register Volume 87, Number 8 (Wednesday, January 12, 2022)]
[Rules and Regulations]
[Pages 1671-1673]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-00165]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Office of Natural Resources Revenue
30 CFR Part 1241
[Docket No. ONRR-2021-0002; DS63644000 DRT000000.CH7000 223D1113RT]
RIN 1012-AA31
2022 Civil Monetary Penalty Inflation Adjustments
AGENCY: Office of Natural Resources Revenue (``ONRR''), Interior.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: ONRR is adjusting for inflation the civil monetary penalty
(``CMP'') amounts it assesses under the Federal Oil and Gas Royalty
Management Act of 1982 (``FOGRMA'').
DATES: This rule is effective on January 12, 2022.
FOR FURTHER INFORMATION CONTACT: For questions on procedural issues,
contact Luis Aguilar, Regulatory Specialist, by telephone at (303) 231-
3148 or email to [email protected]. For questions on
technical issues, contact Michael Marchetti, Enforcement Program
Manager, by telephone at (303) 231-3125 or email to
[email protected].
SUPPLEMENTARY INFORMATION:
I. Background
II. ONRR's Inflation-Adjusted Maximum Rates
III. Procedural Matters
A. Regulatory Planning and Review (Executive Orders 12866 and
13563)
B. Regulatory Flexibility Act
C. Small Business Regulatory Enforcement Fairness Act
D. Unfunded Mandates Reform Act
E. Takings (Executive Order 12630)
F. Federalism (Executive Order 13132)
G. Civil Justice Reform (Executive Order 12988)
H. Consultation With Indian Tribes (Executive Order 13175)
I. Paperwork Reduction Act
J. National Environmental Policy Act
K. Effects on the Energy Supply (Executive Order 13211)
L. Clarity of This Regulation
M. Administrative Procedure Act
I. Background
The Secretary of the Interior (``Secretary'') is authorized, under
30 U.S.C. 1719(a)-(d), to assess CMPs for royalty reporting and other
violations. Pursuant to authority delegated to it by the Secretary,
ONRR published regulations at 30 CFR part 1241 implementing the
Secretary's CMP authority. The Federal Civil Penalties Inflation
Adjustment Act of 1990, as amended by the Federal Civil Penalties
Inflation Adjustment Act Improvements Act of 2015 (Pub. L. 114-74) (the
``2015 Act'') (collectively referred to herein as the ``Inflation
Adjustment Acts'') require Federal agencies to publish annual CMP
inflation adjustments in the Federal Register by January 15th of each
year.
The Inflation Adjustment Acts and Office of Management and Budget
(``OMB'') Memorandum No. M-22-07, Implementation of Penalty Inflation
Adjustments for 2022, Pursuant to the Federal Civil Penalties Inflation
Adjustment Act Improvements Act of 2015, December 15, 2021 (``OMB
Memorandum'') specify that, for purposes of this rule, the annual
inflation adjustments are based on the percent change between the
Consumer Price Index for all Urban Consumers (``CPI-U'') published by
the Department of Labor for October 2021 (October of the year in which
ONRR's last CMP adjustment was published), and October 2020. The OMB
Memorandum further specifies that the cost-of-living adjustment
multiplier for 2022, not seasonally adjusted, is 1.06222 for CY 2022
(the October 2021 CPI-U (276.589) divided by the October 2020 CPI-U
(260.388) = 1.06222). ONRR used this guidance to calculate required
inflation adjustments. Pursuant to the Inflation Adjustment Acts and
OMB Memorandum, any increases in CMPs are rounded to the nearest whole
dollar and the new maximum penalty rates apply to CMPs assessed after
the date the increase takes effect.
II. ONRR's Inflation-Adjusted Maximum Rates
This final rule increases the maximum CMP dollar amounts for each
of the four violation categories identified in 30 U.S.C. 1719(a)-(d)
and implemented by 30 CFR part 1241. The following table identifies the
applicable ONRR regulations, the dollar amounts set forth in the
regulations, and the adjusted amounts.
----------------------------------------------------------------------------------------------------------------
Current 2022 Inflation 2022 Adjusted
30 CFR citation maximum adjustment maximum
penalty multiplier penalty
----------------------------------------------------------------------------------------------------------------
1241.52(a)(2)................................................... $1,288 1.06222 $1,368
1241.52(b)...................................................... 12,891 1.06222 13,693
1241.60(b)(1)................................................... 25,780 1.06222 27,384
[[Page 1672]]
1241.60(b)(2)................................................... 64,452 1.06222 68,462
----------------------------------------------------------------------------------------------------------------
III. Procedural Matters
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 the OMB will review
all significant rules. OIRA has determined that agency regulations
intended only to implement the annual inflation adjustments are not
significant, provided they are consistent with the OMB Memorandum.
Because ONRR is only implementing the annual inflation adjustments in
this final rule, this rule is not significant under E.O. 12866.
E.O. 13563 reaffirms the principles of E.O. 12866, while calling
for improvements in the United States' regulatory system to promote
predictability, to reduce uncertainty, and to use the 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 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. ONRR 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 an
adjustment for inflation. The 2015 Act requires agencies to adjust CMPs
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; and
(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, ONRR is
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 ONRR
review all regulations to eliminate errors and ambiguity and to write
them to minimize litigation; and
(b) Meets the criteria of section 3(b)(2), which requires that ONRR
write all regulations in clear language, using clear legal standards.
H. Consultation With Indian Tribal Governments (E.O. 13175)
The Department of the Interior (``DOI'') 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 DOI's
consultation policy and the criteria in E.O. 13175, ONRR 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;
and
(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. ONRR is 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 . . . .'' ONRR also has 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
ONRR is 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 ONRR publishes 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 ONRR has not met these requirements, send your
[[Page 1673]]
comments to Luis Aguilar, Regulatory Specialist at
[email protected]. Your comments should be as specific
as possible. For example, you should identify 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 Inflation Adjustment Acts require agencies to publish annual
inflation adjustments by January 15 of each year, notwithstanding
section 553 of the APA. 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 CMPs
required by the 2015 Act. See OMB Memorandum, M-22-07, at page 3-4.
Accordingly, ONRR is issuing the 2022 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.
Kimbra G. Davis,
Director for the Office of Natural Resources Revenue.
List of Subjects in 30 CFR Part 1241
Administrative practice and procedure, Penalties.
Administrative practice and procedure, Coal, Geothermal energy,
Indian--lands, Mineral royalties, Natural gas, Oil and gas exploration,
Penalties, Public lands--mineral resources.
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:
0
a. In paragraph (a)(2), by removing ``$1,288'' and adding in its place
``$1,368''.
0
b. In paragraph (b) introductory text, by removing ``$12,891'' and
adding in its place ``$13,693''.
Sec. 1241.60 [Amended]
0
3. Amend Sec. 1241.60:
0
a. In paragraph (b)(1) introductory text, by removing ``$25,780'' and
adding in its place ``$27,384''.
0
b. In paragraph (b)(2), by removing ``$64,452'' and adding in its place
``$68,462''.
[FR Doc. 2022-00165 Filed 1-11-22; 8:45 am]
BILLING CODE 4335-30-P
