Adjustment of Service Fees for Outer Continental Shelf Activities, 52443-52446 [2022-18388]
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Federal Register / Vol. 87, No. 165 / Friday, August 26, 2022 / Rules and Regulations
coordinates of the airport to coincide
with the FAA’s aeronautical database;
And amends the Class E airspace
extending upward from 700 feet above
the surface to within a 6.5-mile
(decreased from a 7-mile) radius of
Kirsch Municipal Airport, MI; adds an
extension 2.5 miles each side of the 052°
bearing from the Sturgis NDB extending
from the 6.5-mile radius of the airport
to 7 miles northeast of the NDB; adds an
extension 2.5 miles each side of the 341°
bearing from the Sturgis NDB extending
from the 6.5-mile radius of the airport
to 7 miles north of the NDB; removes
the city associated with the airport in
the airspace legal description to comply
with changes to FAA Order JO 7400.2N;
and updates the geographic coordinates
of the airport to coincide with the FAA’s
aeronautical database.
This action is due to an airspace
review conducted as part of the
decommissioning of the Litchfield VOR,
which provided navigation information
for the instrument procedures at these
airports, as part of the VOR MON
Program.
FAA Order JO 7400.11, Airspace
Designations and Reporting Points, is
published yearly and effective on
September 15.
lotter on DSK11XQN23PROD with RULES1
Regulatory Notices and Analyses
The FAA has determined that this
regulation only involves an established
body of technical regulations for which
frequent and routine amendments are
necessary to keep them operationally
current, is non-controversial and
unlikely to result in adverse or negative
comments. It, therefore: (1) is not a
‘‘significant regulatory action’’ under
Executive Order 12866; (2) is not a
‘‘significant rule’’ under DOT
Regulatory Policies and Procedures (44
FR 11034; February 26, 1979); and (3)
does not warrant preparation of a
regulatory evaluation as the anticipated
impact is so minimal. Since this is a
routine matter that only affects air traffic
procedures and air navigation, it is
certified that this rule, when
promulgated, does not have a significant
economic impact on a substantial
number of small entities under the
criteria of the Regulatory Flexibility Act.
Environmental Review
The FAA has determined that this
action qualifies for categorical exclusion
under the National Environmental
Policy Act in accordance with FAA
Order 1050.1F, ‘‘Environmental
Impacts: Policies and Procedures,’’
paragraph 5–6.5.a. This airspace action
is not expected to cause any potentially
significant environmental impacts, and
no extraordinary circumstances exist
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that warrant preparation of an
environmental assessment.
52443
DEPARTMENT OF THE INTERIOR
Bureau of Ocean Energy Management
Lists of Subjects in 14 CFR 71
Airspace, Incorporation by reference,
Navigation (air).
30 CFR Parts 550 and 556
[Docket No. BOEM–2022–0022]
Adoption of the Amendment
RIN 1010–AE16
In consideration of the foregoing, the
Federal Aviation Administration
amends 14 CFR part 71 as follows:
Adjustment of Service Fees for Outer
Continental Shelf Activities
PART 71—DESIGNATION OF CLASS A,
B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND
REPORTING POINTS
1. The authority citation for part 71
continues to read as follows:
■
Authority: 49 U.S.C. 106(f), 106(g); 40103,
40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR,
1959–1963 Comp., p. 389.
§ 71.1
[Amended]
2. The incorporation by reference in
14 CFR 71.1 of FAA Order JO 7400.11F,
Airspace Designations and Reporting
Points, dated August 10, 2021, and
effective September 15, 2021, is
amended as follows:
■
Paragraph 6005 Class E Airspace Areas
Extending Upward From 700 Feet or More
Above the Surface of the Earth.
*
*
*
AGL MI E5
*
*
Coldwater, MI [Amended]
Branch County Memorial Airport, MI
(Lat. 41°56′01″ N, long. 85°03′08″ W)
That airspace extending upward from 700
feet above the surface within a 6.6-mile
radius of Branch County Memorial Airport.
*
*
*
AGL MI E5
*
*
Sturgis, MI [Amended]
Kirsch Municipal Airport, MI
(Lat. 41°48′48″ N, long. 85°26′20″ W)
Sturgis NDB
(Lat. 41°48′47″ N, long. 85°26′02″ W)
That airspace extending upward from 700
feet above the surface within a 6.5-mile
radius of the Kirsch Municipal Airport; and
within 2.5 miles each side of the 052° bearing
from the Sturgis NDB extending from the 6.5mile radius of the airport to 7 miles northeast
of the Sturgis NDB; and within 2.5 miles each
side of the 341° bearing from the Sturgis NDB
extending from the 6.5-mile radius of the
airport to 7 miles north of the Sturgis NDB.
Issued in Fort Worth, Texas, on August 22,
2022.
Martin A. Skinner,
Acting Manager, Operations Support Group,
ATO Central Service Center.
[FR Doc. 2022–18342 Filed 8–25–22; 8:45 am]
BILLING CODE 4910–13–P
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Bureau of Ocean Energy
Management, Interior.
ACTION: Final rule.
AGENCY:
This final rule adjusts for
inflation of certain service fees accruing
to the Bureau of Ocean Energy
Management (BOEM) as provided for in
BOEM regulations.
DATES: This rule is effective on
November 1, 2022.
FOR FURTHER INFORMATION CONTACT:
Peter Meffert, Office of Regulation, at
(703) 787–1610 or by email at
peter.meffert@boem.gov.
SUPPLEMENTARY INFORMATION: BOEM’s
regulations at 30 CFR 550.125 and 30
CFR 556.106 provide the authority for
BOEM to periodically adjust a number
of its service fees according to the
Implicit Price Deflator for Gross
Domestic Product by publication of a
document in the Federal Register.
BOEM derives its authority from the
Independent Offices Appropriation Act
of 1952, 31 U.S.C. 9701, as interpreted
by Office of Management and Budget
(OMB) Circular No. A–25 Revised
(1993). That circular states: ‘‘When a
service (or privilege) provides special
benefits to an identifiable recipient
beyond those that accrue to the general
public, a charge will be imposed (to
recover the full cost to the Federal
Government for providing the special
benefit, or the market price).’’
These service fees were last updated
in a Federal Register notice in early
2013. 78 FR 5836, January 28, 2013.
BOEM is now adjusting these service
fees to reflect inflation since the last
update.
This rule adjusts the service fees in
accordance with BOEM’s regulations at
30 CFR 550.125 and 30 CFR 556.106.
The new 2022 fee amounts are based on
an inflation rate of 18.36 percent as
calculated by the Implicit Price Deflator
for Gross Domestic Product between
2012 and 2021.
The inflation rate between any two
years is calculated as the percentage
difference between the measure of
prices for a designated year (e.g., 2021)
and some previous year (e.g., 2012). The
prices include all new, domestically
produced, final goods and services in
SUMMARY:
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52444
Federal Register / Vol. 87, No. 165 / Friday, August 26, 2022 / Rules and Regulations
the economy for the designated year
(e.g., 2021). See the Department of
Commerce’s Bureau of Economic
Analysis (BEA) ‘‘Table 1.1.9, Implicit
Price Deflators for Gross Domestic
Product,’’ available at https://
apps.bea.gov/iTable/index_nipa.cfm.
The inflation rate was calculated by
dividing the deflator from 2021 by the
deflator from 2012, and then subtracting
one. For example, using the data in the
table below from BEA’s table 1.1.9, with
the base year set to 2012, the inflation
multiplier was calculated as 118.36/
100.00)¥1 = 18.36 percent.1
Current implicit
price deflator for
gross domestic
product
(base = 2012)
Calendar year
2012
2013
2014
2015
2016
2017
2018
2019
2020
2021
.....................................................................................................................................................
.....................................................................................................................................................
.....................................................................................................................................................
.....................................................................................................................................................
.....................................................................................................................................................
.....................................................................................................................................................
.....................................................................................................................................................
.....................................................................................................................................................
.....................................................................................................................................................
.....................................................................................................................................................
The following table summarizes the
change in cost recovery fees from 2012
2012 Fee amount
Change in Designation of Operator .................................
Right-of-Use and Easement for State lessee ..................
Exploration Plan (EP) ......................................................
Development and Production Plan (DPP) or Development Operations Coordination Document (DOCD).
Conservation Information Document ...............................
Assignment of record title interest in Federal oil and gas
lease(s) for BOEM approval.
Sublease or Assignment of operating rights interest in
Federal oil and gas lease(s) for BOEM approval.
Required document filing for record purpose, but not for
BOEM approval.
Non-required document filing for record purposes ..........
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A. Regulatory Planning and Review
(E.O. 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. BOEM has
determined that this rule is not
significant because it does not meet any
relevant financial threshold or raise any
legal or policy issues.
Executive Order 13563 reaffirms the
principles of E.O. 12866 while calling
for improvements in the Nation’s
regulatory system to promote
predictability, reduce uncertainty, and
use the best, most innovative, and least
burdensome tools for achieving
regulatory ends. The order directs
agencies to consider regulatory
approaches that reduce burdens and
maintain flexibility and freedom of
choice for the public where these
1 Table
1.1.9 as revised on July 28, 2022.
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100.000
101.751
103.654
104.691
105.740
107.747
110.321
112.294
113.648
118.370
1.87
1.75
1.87
1.00
1.00
1.90
2.39
1.79
1.21
4.15
to 2022 using the calculated inflation
rate multiplier:2
Service—processing of the following:
Procedural Requirements
Latest BEA
annual inflation rate
(%)
Multiplier
$175 ............................................
$2,742 .........................................
$3,673 for each surface location;
no fee for revisions.
$4,238 for each well proposed;
no fee for revisions.
$27,348 .......................................
$198 ............................................
1.1837
1.1837
$207.
$3,246.
$4,348 for each surface location;
no fee for revisions.
$5,017 for each well proposed;
no fee for revisions.
$32,372.
$234.
$198 ............................................
1.1837
$234.
$29 ..............................................
1.1837
$34.
$29 ..............................................
1.1837
$34.
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. BOEM has developed
this rule in a manner consistent with
these requirements to the extent
permitted by statute.
B. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA,
5 U.S.C. 601 et seq.) requires an agency
to prepare a regulatory flexibility
analysis for all rules unless the agency
certifies that the rule will not have a
significant economic impact on a
substantial number of small entities.
The RFA applies only to rules for which
an agency is required to first publish a
proposed rule. See 5 U.S.C. 603(a) and
604(a). For the reasons discussed below,
1.1837
1.1837
1.1837
2022 Fee amount
1.1837
BOEM has determined that the
Administrative Procedure Act does not
require a proposed rule prior to this
final rule. See 5 U.S.C. 553(b). Thus, the
RFA does not apply to this rulemaking.
C. Congressional Review Act
This rule is not a major rule under the
Congressional Review Act (5 U.S.C. 804)
because it:
(a) Will 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; and
(c) Will 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.
2 The fee amount reflects an amount rounded to
the nearest whole dollar.
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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. 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 this act (2 U.S.C. 1531 et
seq.) is not required.
E. Takings (E.O. 12630)
This rule does not effect a taking of
private property or otherwise have
takings implications under E.O. 12630.
A takings implication assessment is not
required.
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. A federalism
summary is not required.
G. Civil Justice Reform (E.O. 12988)
This rule complies with the
requirements of E.O.D 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.
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H. Consultation With Indian Tribes
(E.O. 13175 and Department of the
Interior Policy)
The Department of the Interior strives
to strengthen its government-togovernment relationship with Indian
Tribes through a commitment to
consultation with the Tribes and a
recognition of their right to selfgovernance and Tribal sovereignty.
BOEM evaluated this rule under the
Department’s consultation policy, under
Departmental Manual part 512, chapters
4 and 5, and under the criteria in E.O.
13175. BOEM determined that this rule
has no substantial direct effects on
federally recognized Indian Tribes and
that consultation under the
Department’s Tribal consultation policy
is not required.
I. Paperwork Reduction Act
This rule does not contain
information collection requirements,
and a submission to OMB under the
Paperwork Reduction Act (44 U.S.C.
3501 et seq.) is not required. BOEM may
not conduct or sponsor and you are not
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16:09 Aug 25, 2022
Jkt 256001
required to respond to a collection of
information unless it displays a
currently valid OMB control number.
J. National Environmental Policy Act of
1969
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
(see 43 CFR 46.210(i)). This rule is
excluded from the requirement to
prepare a detailed statement because it
is a regulation of a financial nature.
BOEM 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.
K. Effects on the Energy Supply (E.O.
13211)
This rule is not a significant energy
action under the definition in E.O.
13211. A ‘‘Statement of Energy Effects’’
is not required.
L. Clarity of This Regulation
E.O. 12866 (section 1(b)(12)), E.O.
12988 (section 3(b)(1)(B)), E.O. 13563
(section 1(a)), and the Presidential
memorandum of June 1, 1998, require
that all rules will be written in plain
language. This means that each rule
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 BOEM has not met
these requirements, send your
comments to Peter Meffert at
peter.meffert@boem.gov. Your
comments should be as specific as
possible. For example, please indicate
the sections or paragraphs that you find
unclear or too long and the sections that
you recommend lists or tables as useful
aids, etc.
M. Administrative Procedure Act
The Administrative Procedure Act
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. 5
U.S.C. 553(b). BOEM finds good cause
to promulgate this rule without first
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52445
providing an opportunity for public
notice and comment because BOEM has
specific authority under existing
regulations to periodically adjust a
number of its service fees according to
the Implicit Price Deflator for Gross
Domestic Product by publication of a
document in the Federal Register. 30
CFR 550.125 and 30 CFR 556.106.
Under the Independent Offices
Appropriation Act and OMB Circular
No. A–25 Revised, BOEM must adjust
the fees to cover its costs. The amount
of the fee increase is not subject to
BOEM’s discretion as it is based on the
Implicit Price Deflator as determined by
the U.S. Bureau of Economic Analysis.
Thus, BOEM finds pre-promulgation
notice and public comment to be
unnecessary.
List of Subjects
30 CFR Part 550
Administrative practice and
procedure, Continental shelf,
Environmental impact statements,
Environmental protection, Federal
lands, Government contracts,
Investigations, Mineral resources, Oil
and gas exploration, Outer continental
shelf, Pipelines, Reporting and
recordkeeping requirements, Rights-ofway, Sulfur.
30 CFR Part 556
Administrative practice and
procedure, Continental shelf,
Environmental protection, Federal
lands, Government contracts,
Intergovernmental relations, Oil and gas
exploration, Outer continental shelf,
Mineral resources, Rights-of-way,
Reporting and recordkeeping
requirements.
Laura Daniel-Davis,
Principal Deputy Assistant Secretary, Land
and Minerals Managements.
For the reasons stated in the
preamble, BOEM hereby amends 30 CFR
parts 550 and 556 as follows:
PART 550—OIL AND GAS AND
SULPHUR OPERATIONS IN THE
OUTER CONTINENTAL SHELF
1. The authority citation for part 550
continues to read as follows:
■
Authority: 30 U.S.C. 1751; 31 U.S.C. 9701;
43 U.S.C. 1334.
2. Amend § 550.125 by revising
paragraph (a) to read as follows:
■
§ 550.125
Service fees.
(a) The table in this paragraph (a)
shows the fees that you must pay to
BOEM for the services listed. The fees
will be adjusted periodically according
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Federal Register / Vol. 87, No. 165 / Friday, August 26, 2022 / Rules and Regulations
to the Implicit Price Deflator for Gross
Domestic Product by publication of a
document in the Federal Register. If a
significant adjustment is needed to
arrive at the new actual cost for any
reason other than inflation, then a
Service—processing of the following:
(1)
(2)
(3)
(4)
Fee amount
Change in Designation of Operator ..........................................................
Right-of-Use and Easement for State lessee ...........................................
[Reserved].
Exploration Plan (EP) ................................................................................
(5) Development and Production Plan (DPP) or Development Operations
Coordination Document (DOCD).
(6) [Reserved].
(7) Conservation Information Document .........................................................
*
*
*
*
proposed rule containing the new fees
will be published in the Federal
Register for comment.
*
PART 556—LEASING OF SULFUR OR
OIL AND GAS AND BONDING
REQUIREMENTS IN THE OUTER
CONTINENTAL SHELF
$207 ...............................................................
$3,246 ............................................................
§ 550.143(d).
§ 550.165.
$4,348 for each surface location; no fee for
revisions.
$5,017 for each well proposed; no fee for revisions.
§ 550.211(d).
$32,372 ..........................................................
§ 550.296(a).
Authority: 30 U.S.C. 1701 note, 30 U.S.C.
1711, 31 U.S.C. 9701, 42 U.S.C. 6213, 43
U.S.C. 1331 note, 43 U.S.C. 1334, 43 U.S.C.
1801–1802.
4. Amend § 556.106 by revising
paragraph (a) to read as follows:
■
§ 556.106
3. The authority citation for part 556
is revised to read as follows:
■
30 CFR citation
Service fees.
(a) The table in this paragraph (a)
shows the fees you must pay to BOEM
for the services listed. BOEM will adjust
§ 550.241(e).
the fees periodically according to the
Implicit Price Deflator for Gross
Domestic Product and publish a
document showing the adjustment in
the Federal Register. If a significant
adjustment is needed to arrive at a new
fee for any reason other than inflation,
then a proposed rule containing the new
fees will be published in the Federal
Register for comment.
SERVICE FEE TABLE
Service—processing of the following:
Fee amount
(1) Assignment of record title interest in Federal oil and gas lease(s) for BOEM approval ..........................
(2) Sublease or Assignment of operating rights interest in Federal oil and gas lease(s) for BOEM approval.
(3) Required document filing for record purpose, but not for BOEM approval ..............................................
$234
234
§ 556.701(a).
§ 556.801(a).
34
(4) Non-required document filing for record purposes ....................................................................................
34
§ 556.715(a)
§ 556.808(a).
§ 556.715(b)
§ 556.808(b).
*
*
*
*
BILLING CODE 4340–98–P
DEPARTMENT OF DEFENSE
Office of the Secretary
32 CFR Part 45
[Docket ID: DOD–2021–OS–0047]
RIN 0790–AL22
Medical Malpractice Claims by
Members of the Uniformed Services
Department of Defense (DoD)
Office of General Counsel, DoD.
ACTION: Final rule.
AGENCY:
DoD is publishing this rule to
finalize the implementation of
requirements of the National Defense
Authorization Act (NDAA) for Fiscal
Year 2020 permitting members of the
uniformed services or their authorized
representatives to file claims for
personal injury or death caused by a
SUMMARY:
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v. United States, 340 U.S. 135 (1950).
Based on this 1950 Supreme Court
decision, Active Duty military
personnel may not sue the government
for personal injuries suffered incident to
service (generally, while on active duty).
The 2020 NDAA allows Service
members, with certain limitations, to
bring administrative claims to seek
compensation for personal injury or
death resulting from medical
malpractice that occurred in certain
military medical treatment facilities, in
addition to compensation already
received under the comprehensive
Background
compensation system that currently
exists for military members and their
Signed into law on December 20,
families.
2019, section 731 of the 2020 NDAA
A substantiated claim of up to
allows members of the uniformed
$100,000 will be paid directly to the
services or their authorized
Service member or his/her estate by
representatives to file claims for
DoD. The Treasury Department will
personal injury or death caused by a
review and pay claims that the Secretary
DoD health care provider in certain
of Defense values at more than
military medical treatment facilities.
$100,000. Service members must
Historically, members of the armed
present a claim that is received by DoD
forces have been unable to bring suit
within two years after the claim accrues.
against the government under the Feres
doctrine, named for the plaintiff in Feres However, the statute allowed Service
Department of Defense health care
provider in certain military medical
treatment facilities. Because Federal
courts do not have jurisdiction to
consider these claims, DoD is issuing
this rule to provide uniform standards
and procedures for considering and
processing these actions.
DATES: This final rule is in effect
September 26, 2022.
FOR FURTHER INFORMATION CONTACT:
Melissa D. Walters, (703) 681–6027,
melissa.d.walters.civ@mail.mil.
SUPPLEMENTARY INFORMATION:
*
[FR Doc. 2022–18388 Filed 8–25–22; 8:45 am]
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30 CFR citation
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]]>Agencies
[Federal Register Volume 87, Number 165 (Friday, August 26, 2022)]
[Rules and Regulations]
[Pages 52443-52446]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-18388]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Bureau of Ocean Energy Management
30 CFR Parts 550 and 556
[Docket No. BOEM-2022-0022]
RIN 1010-AE16
Adjustment of Service Fees for Outer Continental Shelf Activities
AGENCY: Bureau of Ocean Energy Management, Interior.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This final rule adjusts for inflation of certain service fees
accruing to the Bureau of Ocean Energy Management (BOEM) as provided
for in BOEM regulations.
DATES: This rule is effective on November 1, 2022.
FOR FURTHER INFORMATION CONTACT: Peter Meffert, Office of Regulation,
at (703) 787-1610 or by email at [email protected].
SUPPLEMENTARY INFORMATION: BOEM's regulations at 30 CFR 550.125 and 30
CFR 556.106 provide the authority for BOEM to periodically adjust a
number of its service fees according to the Implicit Price Deflator for
Gross Domestic Product by publication of a document in the Federal
Register. BOEM derives its authority from the Independent Offices
Appropriation Act of 1952, 31 U.S.C. 9701, as interpreted by Office of
Management and Budget (OMB) Circular No. A-25 Revised (1993). That
circular states: ``When a service (or privilege) provides special
benefits to an identifiable recipient beyond those that accrue to the
general public, a charge will be imposed (to recover the full cost to
the Federal Government for providing the special benefit, or the market
price).''
These service fees were last updated in a Federal Register notice
in early 2013. 78 FR 5836, January 28, 2013. BOEM is now adjusting
these service fees to reflect inflation since the last update.
This rule adjusts the service fees in accordance with BOEM's
regulations at 30 CFR 550.125 and 30 CFR 556.106. The new 2022 fee
amounts are based on an inflation rate of 18.36 percent as calculated
by the Implicit Price Deflator for Gross Domestic Product between 2012
and 2021.
The inflation rate between any two years is calculated as the
percentage difference between the measure of prices for a designated
year (e.g., 2021) and some previous year (e.g., 2012). The prices
include all new, domestically produced, final goods and services in
[[Page 52444]]
the economy for the designated year (e.g., 2021). See the Department of
Commerce's Bureau of Economic Analysis (BEA) ``Table 1.1.9, Implicit
Price Deflators for Gross Domestic Product,'' available at https://apps.bea.gov/iTable/index_nipa.cfm.
The inflation rate was calculated by dividing the deflator from
2021 by the deflator from 2012, and then subtracting one. For example,
using the data in the table below from BEA's table 1.1.9, with the base
year set to 2012, the inflation multiplier was calculated as 118.36/
100.00)-1 = 18.36 percent.\1\
---------------------------------------------------------------------------
\1\ Table 1.1.9 as revised on July 28, 2022.
------------------------------------------------------------------------
Current implicit
price deflator for Latest BEA annual
Calendar year gross domestic inflation rate
product (base = (%)
2012)
------------------------------------------------------------------------
2012.......................... 100.000 1.87
2013.......................... 101.751 1.75
2014.......................... 103.654 1.87
2015.......................... 104.691 1.00
2016.......................... 105.740 1.00
2017.......................... 107.747 1.90
2018.......................... 110.321 2.39
2019.......................... 112.294 1.79
2020.......................... 113.648 1.21
2021.......................... 118.370 4.15
------------------------------------------------------------------------
The following table summarizes the change in cost recovery fees
from 2012 to 2022 using the calculated inflation rate multiplier:\2\
---------------------------------------------------------------------------
\2\ The fee amount reflects an amount rounded to the nearest
whole dollar.
----------------------------------------------------------------------------------------------------------------
Service--processing of the following: 2012 Fee amount Multiplier 2022 Fee amount
----------------------------------------------------------------------------------------------------------------
Change in Designation of Operator....... $175...................... 1.1837 $207.
Right-of-Use and Easement for State $2,742.................... 1.1837 $3,246.
lessee.
Exploration Plan (EP)................... $3,673 for each surface 1.1837 $4,348 for each surface
location; no fee for location; no fee for
revisions. revisions.
Development and Production Plan (DPP) or $4,238 for each well 1.1837 $5,017 for each well
Development Operations Coordination proposed; no fee for proposed; no fee for
Document (DOCD). revisions. revisions.
Conservation Information Document....... $27,348................... 1.1837 $32,372.
Assignment of record title interest in $198...................... 1.1837 $234.
Federal oil and gas lease(s) for BOEM
approval.
Sublease or Assignment of operating $198...................... 1.1837 $234.
rights interest in Federal oil and gas
lease(s) for BOEM approval.
Required document filing for record $29....................... 1.1837 $34.
purpose, but not for BOEM approval.
Non-required document filing for record $29....................... 1.1837 $34.
purposes.
----------------------------------------------------------------------------------------------------------------
Procedural Requirements
A. Regulatory Planning and Review (E.O. 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. BOEM has determined that this rule is not
significant because it does not meet any relevant financial threshold
or raise any legal or policy issues.
Executive Order 13563 reaffirms the principles of E.O. 12866 while
calling for improvements in the Nation's regulatory system to promote
predictability, reduce uncertainty, and use the best, most innovative,
and least burdensome tools for achieving regulatory ends. The 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. BOEM
has developed this rule in a manner consistent with these requirements
to the extent permitted by statute.
B. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA, 5 U.S.C. 601 et seq.) requires
an agency to prepare a regulatory flexibility analysis for all rules
unless the agency certifies that the rule will not have a significant
economic impact on a substantial number of small entities. The RFA
applies only to rules for which an agency is required to first publish
a proposed rule. See 5 U.S.C. 603(a) and 604(a). For the reasons
discussed below, BOEM has determined that the Administrative Procedure
Act does not require a proposed rule prior to this final rule. See 5
U.S.C. 553(b). Thus, the RFA does not apply to this rulemaking.
C. Congressional Review Act
This rule is not a major rule under the Congressional Review Act (5
U.S.C. 804) because it:
(a) Will 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; and
(c) Will 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.
[[Page 52445]]
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. 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 this act (2 U.S.C. 1531 et seq.)
is not required.
E. Takings (E.O. 12630)
This rule does not effect a taking of private property or otherwise
have takings implications under E.O. 12630. A takings implication
assessment is not required.
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. A federalism summary is not
required.
G. Civil Justice Reform (E.O. 12988)
This rule complies with the requirements of E.O.D 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.
H. Consultation With Indian Tribes (E.O. 13175 and Department of the
Interior Policy)
The Department of the Interior strives to strengthen its
government-to-government relationship with Indian Tribes through a
commitment to consultation with the Tribes and a recognition of their
right to self-governance and Tribal sovereignty. BOEM evaluated this
rule under the Department's consultation policy, under Departmental
Manual part 512, chapters 4 and 5, and under the criteria in E.O.
13175. BOEM determined that this rule has no substantial direct effects
on federally recognized Indian Tribes and that consultation under the
Department's Tribal consultation policy is not required.
I. Paperwork Reduction Act
This rule does not contain information collection requirements, and
a submission to OMB under the Paperwork Reduction Act (44 U.S.C. 3501
et seq.) is not required. BOEM 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.
J. National Environmental Policy Act of 1969
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 (see 43
CFR 46.210(i)). This rule is excluded from the requirement to prepare a
detailed statement because it is a regulation of a financial nature.
BOEM 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.
K. Effects on the Energy Supply (E.O. 13211)
This rule is not a significant energy action under the definition
in E.O. 13211. A ``Statement of Energy Effects'' is not required.
L. Clarity of This Regulation
E.O. 12866 (section 1(b)(12)), E.O. 12988 (section 3(b)(1)(B)),
E.O. 13563 (section 1(a)), and the Presidential memorandum of June 1,
1998, require that all rules will be written in plain language. This
means that each rule 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 BOEM has not met these requirements, send your
comments to Peter Meffert at [email protected]. Your comments
should be as specific as possible. For example, please indicate the
sections or paragraphs that you find unclear or too long and the
sections that you recommend lists or tables as useful aids, etc.
M. Administrative Procedure Act
The Administrative Procedure Act 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. 5 U.S.C. 553(b). BOEM finds good cause to
promulgate this rule without first providing an opportunity for public
notice and comment because BOEM has specific authority under existing
regulations to periodically adjust a number of its service fees
according to the Implicit Price Deflator for Gross Domestic Product by
publication of a document in the Federal Register. 30 CFR 550.125 and
30 CFR 556.106. Under the Independent Offices Appropriation Act and OMB
Circular No. A-25 Revised, BOEM must adjust the fees to cover its
costs. The amount of the fee increase is not subject to BOEM's
discretion as it is based on the Implicit Price Deflator as determined
by the U.S. Bureau of Economic Analysis. Thus, BOEM finds pre-
promulgation notice and public comment to be unnecessary.
List of Subjects
30 CFR Part 550
Administrative practice and procedure, Continental shelf,
Environmental impact statements, Environmental protection, Federal
lands, Government contracts, Investigations, Mineral resources, Oil and
gas exploration, Outer continental shelf, Pipelines, Reporting and
recordkeeping requirements, Rights-of-way, Sulfur.
30 CFR Part 556
Administrative practice and procedure, Continental shelf,
Environmental protection, Federal lands, Government contracts,
Intergovernmental relations, Oil and gas exploration, Outer continental
shelf, Mineral resources, Rights-of-way, Reporting and recordkeeping
requirements.
Laura Daniel-Davis,
Principal Deputy Assistant Secretary, Land and Minerals Managements.
For the reasons stated in the preamble, BOEM hereby amends 30 CFR
parts 550 and 556 as follows:
PART 550--OIL AND GAS AND SULPHUR OPERATIONS IN THE OUTER
CONTINENTAL SHELF
0
1. The authority citation for part 550 continues to read as follows:
Authority: 30 U.S.C. 1751; 31 U.S.C. 9701; 43 U.S.C. 1334.
0
2. Amend Sec. 550.125 by revising paragraph (a) to read as follows:
Sec. 550.125 Service fees.
(a) The table in this paragraph (a) shows the fees that you must
pay to BOEM for the services listed. The fees will be adjusted
periodically according
[[Page 52446]]
to the Implicit Price Deflator for Gross Domestic Product by
publication of a document in the Federal Register. If a significant
adjustment is needed to arrive at the new actual cost for any reason
other than inflation, then a proposed rule containing the new fees will
be published in the Federal Register for comment.
------------------------------------------------------------------------
Service--processing of the
following: Fee amount 30 CFR citation
------------------------------------------------------------------------
(1) Change in Designation of $207........... Sec. 550.143(d).
Operator.
(2) Right-of-Use and Easement $3,246......... Sec. 550.165.
for State lessee.
(3) [Reserved]...............
(4) Exploration Plan (EP).... $4,348 for each Sec. 550.211(d).
surface
location; no
fee for
revisions.
(5) Development and $5,017 for each Sec. 550.241(e).
Production Plan (DPP) or well proposed;
Development Operations no fee for
Coordination Document (DOCD). revisions.
(6) [Reserved]...............
(7) Conservation Information $32,372........ Sec. 550.296(a).
Document.
------------------------------------------------------------------------
* * * * *
PART 556--LEASING OF SULFUR OR OIL AND GAS AND BONDING REQUIREMENTS
IN THE OUTER CONTINENTAL SHELF
0
3. The authority citation for part 556 is revised to read as follows:
Authority: 30 U.S.C. 1701 note, 30 U.S.C. 1711, 31 U.S.C. 9701,
42 U.S.C. 6213, 43 U.S.C. 1331 note, 43 U.S.C. 1334, 43 U.S.C. 1801-
1802.
0
4. Amend Sec. 556.106 by revising paragraph (a) to read as follows:
Sec. 556.106 Service fees.
(a) The table in this paragraph (a) shows the fees you must pay to
BOEM for the services listed. BOEM will adjust the fees periodically
according to the Implicit Price Deflator for Gross Domestic Product and
publish a document showing the adjustment in the Federal Register. If a
significant adjustment is needed to arrive at a new fee for any reason
other than inflation, then a proposed rule containing the new fees will
be published in the Federal Register for comment.
Service Fee Table
----------------------------------------------------------------------------------------------------------------
Service--processing of the following: Fee amount 30 CFR citation
----------------------------------------------------------------------------------------------------------------
(1) Assignment of record title interest in Federal oil $234 Sec. 556.701(a).
and gas lease(s) for BOEM approval.
(2) Sublease or Assignment of operating rights interest 234 Sec. 556.801(a).
in Federal oil and gas lease(s) for BOEM approval.
(3) Required document filing for record purpose, but 34 Sec. 556.715(a)
not for BOEM approval. Sec. 556.808(a).
(4) Non-required document filing for record purposes... 34 Sec. 556.715(b)
Sec. 556.808(b).
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2022-18388 Filed 8-25-22; 8:45 am]
BILLING CODE 4340-98-P
