Onshore Oil and Gas Operations and Coal Trespass-Annual Civil Penalties Inflation Adjustments, 11818-11820 [2023-03711]
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11818
Federal Register / Vol. 88, No. 37 / Friday, February 24, 2023 / Rules and Regulations
Mariners (BNMs), and/or Marine Safety
Information Bulletins (MSIBs) as
appropriate.
Dated: February 10, 2023.
Molly A. Wike,
Captain, U.S. Coast Guard, Captain of the
Port, Marine Safety Unit Port Arthur.
[FR Doc. 2023–03775 Filed 2–23–23; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
43 CFR Parts 3160 and 9230
[212.LLHQ310000.L13100000.PP0000]
RIN 1004–AE91
Onshore Oil and Gas Operations and
Coal Trespass—Annual Civil Penalties
Inflation Adjustments
AGENCY:
Bureau of Land Management,
Interior.
ACTION: Final rule.
This final rule adjusts the
level of civil monetary penalties
contained in the Bureau of Land
Management’s (BLM) regulations
governing onshore oil and gas
operations and coal trespass as required
by the Federal Civil Penalties Inflation
Adjustment Act Improvements Act of
2015. This final rule is consistent with
applicable Office of Management and
Budget (OMB) guidance. The penalty
adjustments made by this final rule
constitute the 2023 annual inflation
adjustments, accounting for one year of
inflation spanning the period from
October 2021 through October 2022.
DATES: This rule is effective on February
24, 2023.
FOR FURTHER INFORMATION CONTACT:
For information regarding the BLM’s
Fluid Minerals Program, please contact
Lonny Bagley, Acting Division Chief,
Fluid Minerals Division, telephone:
307–622–6956; email: lbagley@blm.gov.
For information regarding the BLM’s
Solid Minerals Program, please contact
Tim Barnes, Acting Division Chief,
Solid Minerals Division, telephone:
541–588–0853; email: tbarnes@blm.gov.
For questions relating to regulatory
process issues, please contact Jennifer
Noe, Division of Regulatory Affairs,
email: jnoe@blm.gov.
Individuals in the United States who
are deaf, deafblind, hard of hearing, or
have a speech disability may dial 711
(TTY, TDD, or TeleBraille) to access
telecommunications relay services.
ddrumheller on DSK120RN23PROD with RULES
SUMMARY:
VerDate Sep<11>2014
16:40 Feb 23, 2023
Jkt 259001
Individuals outside the United States
should use the relay services offered
within their country to make
international calls to the point-ofcontact in the United States.
SUPPLEMENTARY INFORMATION:
I. Background
II. Calculation of 2023 Adjustments
III. Procedural Requirements
A. Administrative Procedure Act
B. Regulatory Planning and Review
(Executive Orders 12866 and 13563)
C. Regulatory Flexibility Act
D. Congressional Review Act
E. Unfunded Mandates Reform Act
F. Takings (E.O. 12630)
G. Federalism (E.O. 13132)
H. Civil Justice Reform (E.O. 12988)
I. Consultation With Indian Tribes (E.O.
13175 and Departmental Policy)
J. Paperwork Reduction Act
K. National Environmental Policy Act
L. Effects on the Energy Supply (E.O.
13211)
I. Background
On November 2, 2015, the Federal
Civil Penalties Inflation Adjustment Act
Improvements Act of 2015 (sec. 701,
Pub. L. 114–74) (the 2015 Act) became
law, amending the Federal Civil
Penalties Inflation Adjustment Act of
1990 (Pub. L. 101–410).
The 2015 Act requires agencies to:
1. Adjust the level of civil monetary
penalties for inflation with an initial
‘‘catch-up’’ adjustment through an
interim final rulemaking in 2016;
2. Make subsequent annual
adjustments for inflation beginning in
2017; and
3. Report annually in Agency
Financial Reports on these inflation
adjustments.
The purpose of these adjustments is to
maintain the deterrent effect of civil
monetary penalties and promote
compliance with the law (see sec. 1,
Pub. L. 101–410).
As required by the 2015 Act, the BLM
issued an interim final rule that
adjusted the level of civil monetary
penalties in BLM regulations with the
initial ‘‘catch-up’’ adjustment (RIN
1004–AE46, 81 FR 41860), which was
published on June 28, 2016, and became
effective on July 28, 2016. On January
19, 2017, the BLM published a final rule
(RIN 1004–AE49, 82 FR 6305) updating
the civil penalty amounts to the 2017
annual adjustment levels. Final rules
updating the civil penalty amounts to
2018 through 2022 annual adjustment
levels were published in subsequent
years.
OMB issued Memorandum M–23–05
on December 15, 2022, entitled,
Implementation of Penalty Inflation
PO 00000
Frm 00040
Fmt 4700
Sfmt 4700
Adjustments for 2023, Pursuant to the
Federal Civil Penalties Inflation
Adjustment Act Improvements Act of
2015, which explains agency
responsibilities for identifying
applicable penalties and calculating the
annual adjustment for 2023 in
accordance with the 2015 Act.
II. Calculation of 2022 Adjustments
In accordance with the 2015 Act and
OMB Memorandum M–23–05, the BLM
has identified applicable civil monetary
penalties in its regulations and
calculated the annual adjustments. A
civil monetary penalty is any
assessment with a dollar amount that is
levied for a violation of a Federal civil
statute or regulation and is assessed or
enforceable through a civil action in
Federal court or an administrative
proceeding. A civil monetary penalty
does not include a penalty levied for
violation of a criminal statute, nor does
it include fees for services, licenses,
permits, or other regulatory review. The
calculated annual inflation adjustments
are based on the percentage change
between the Consumer Price Index for
all Urban Consumers (CPI–U) for the
October preceding the date of the
adjustment and the prior year’s October
CPI–U. Consistent with guidance in
OMB Memorandum M–23–05, the BLM
divided the October 2022 CPI–U by the
October 2021 CPI–U to calculate the
multiplier. In this case, October 2022
CPI–U (298.012)/October 2021 CPI–U
(276.589) = 1.07745. OMB
Memorandum M–23–05 confirms that
this is the proper multiplier. (OMB
Memorandum M–23–05 at 1 and n. 4.)
The 2015 Act requires the BLM to
adjust the civil penalty amounts in 43
CFR 3163.2 and 9239.5–3(f)(1). To
accomplish this, the BLM multiplied the
current penalty amounts in those
paragraphs by the multiplier set forth in
OMB Memorandum M–23–05 (1.07745)
to obtain the adjusted penalty amounts.
The 2015 Act requires that the resulting
amounts be rounded to the nearest $1.00
at the end of the calculation process.
The adjusted penalty amounts will
take effect immediately upon
publication of this rule. Pursuant to the
2015 Act, the adjusted civil penalty
amounts apply to civil penalties
assessed after the date the increase takes
effect, even if the associated violation
predates such increase. This final rule
adjusts the following civil penalties:
E:\FR\FM\24FER1.SGM
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Federal Register / Vol. 88, No. 37 / Friday, February 24, 2023 / Rules and Regulations
CFR citation
43
43
43
43
43
43
CFR
CFR
CFR
CFR
CFR
CFR
3163.2(b)(1) ..........
3163.2(b)(2) ..........
3163.2(d) ...............
3163.2(e) ...............
3163.2(f) ................
9239.5–3(f)(1) .......
Failure to comply ..................................................................................................................
If corrective action is not taken ............................................................................................
If transporter fails to permit inspection for documentation ..................................................
Failure to permit inspection, failure to notify ........................................................................
False or inaccurate documents; unlawful transfer or purchase ...........................................
Coal exploration for commercial purposes without an exploration license .........................
III. Procedural Requirements
C. Regulatory Flexibility Act
A. Administrative Procedure Act
The Regulatory Flexibility Act (RFA)
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). The 2015 Act expressly exempts
these annual inflation adjustments from
the requirement to publish a proposed
rule for notice and comment (see sec.
4(b)(2), 2015 Act). Because the final rule
in this case does not include publication
of a proposed rule, the RFA does not
apply to this final rule.
In accordance with the 2015 Act,
agencies must adjust civil monetary
penalties ‘‘notwithstanding Section 553
of the Administrative Procedure Act’’
(sec. 4(b)(2), 2015 Act). The BLM is
promulgating this 2023 inflation
adjustment for civil penalties as a final
rule pursuant to the provisions of the
2015 Act and OMB guidance. A
proposed rule is not required because
the 2015 Act expressly exempts the
annual inflation adjustments from the
notice and comment requirements of the
Administrative Procedure Act. In
addition, the 2015 Act does not give the
BLM any discretion to vary the amount
of the annual inflation adjustment for
any given penalty to reflect any views
or suggestions provided by commenters.
Accordingly, the BLM will not provide
an opportunity for public comment on
this rule.
ddrumheller on DSK120RN23PROD with RULES
B. 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 this rule is not
significant. (See OMB Memorandum M–
23–05)
E.O. 13563 reaffirms the principles of
E.O. 12866 while calling for
improvements in the nation’s regulatory
system to promote predictability and 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 have developed
this rule in a manner that is consistent
with these requirements to the extent
permitted by the 2015 Act.
VerDate Sep<11>2014
Current
penalty
Description of the penalty
16:40 Feb 23, 2023
Jkt 259001
D. Congressional Review Act
This rule is not a major rule under the
Congressional Review Act. This rule:
(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.
E. Unfunded Mandates Reform Act
This rule does not impose an
unfunded mandate on State, local, or
tribal governments, or the private sector
of more than $100 million per year. The
rule does not have a significant or
unique effect on State, local, or tribal
governments or the private sector.
Therefore, a statement containing the
information required by the Unfunded
Mandates Reform Act (2 U.S.C. 1531 et
seq.) is not required.
F. Takings (E.O. 12630)
This rule does not effect a taking of
private property or otherwise have
takings implications under E.O. 12630.
Therefore, a takings implication
assessment is not required.
PO 00000
Frm 00041
Fmt 4700
Sfmt 4700
$1,198
11,995
1,198
23,989
59,973
4,490
11819
Adjusted
penalty
$1,291
12,924
1,291
25,847
64,618
4,838
G. Federalism (E.O. 13132)
Under the criteria in section 1 of E.O.
13132, this rule does not have
federalism implications that warrant the
preparation of a federalism summary
impact statement. Therefore, a
federalism summary impact statement is
not required.
H. 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)
requiring that all regulations be
reviewed to eliminate errors and
ambiguity and be written to minimize
litigation; and
(b) Meets the criteria of section 3(b)(2)
requiring that all regulations be written
in clear language and contain clear legal
standards.
I. Consultation With Indian Tribes (E.O.
13175 and Departmental Policy)
The Department of the Interior strives
to strengthen its government-togovernment relationship with Indian
tribes through a commitment to
consultation with Indian tribes and
recognition of their right to selfgovernance and tribal sovereignty. We
have evaluated this rule under the
Department’s consultation policy and
under the criteria in E.O. 13175 and
have determined that it has no
substantial direct effects on federally
recognized Indian tribes and that
consultation under the Department’s
tribal consultation policy is not
required.
J. Paperwork Reduction Act
This rule does not contain
information collection requirements,
and a submission to OMB under the
Paperwork Reduction Act (44 U.S.C.
3501 et seq.) is not required. We may
not conduct or sponsor, and you are not
required to respond to, a collection of
information unless it displays a
currently valid OMB control number.
K. National Environmental Policy Act
This rule does not constitute a Major
Federal Action because of the nondiscretionary nature of the civil penalty
adjustment as required by law (see 40
E:\FR\FM\24FER1.SGM
24FER1
11820
Federal Register / Vol. 88, No. 37 / Friday, February 24, 2023 / Rules and Regulations
CFR 1508.1(q)(1)(ii)). The Department of
Labor’s Consumer Price Index sets the
amount of the annual civil penalty
adjustment to account for inflation as
required by the Federal Civil Penalties
Inflation Adjustment Act Improvements
Act of 2015. Accordingly, BLM has no
discretion in the execution of the civil
penalty adjustments. Even if this were a
discretionary action, which it is not, a
detailed statement under NEPA would
also not be required because, as a
regulation of an administrative nature,
this rule would otherwise be covered by
a categorical exclusion. See 43 CFR
46.210(i). BLM has determined that the
rule does not implicate any of the
extraordinary circumstances listed in 43
CFR 46.215 that would prevent reliance
on the categorical exclusion. Because
this rule is not a Major Federal Action,
it is therefore not subject to the
requirements of the National
Environmental Policy Act of 1969
(NEPA).
L. Effects on the Energy Supply (E.O.
13211)
b. In paragraph (b)(2), remove
‘‘$11,995’’ and add in its place
‘‘$12,924’’.
■ c. In paragraph (d), remove ‘‘$1,198’’
and add in its place ‘‘$1,291’’.
■ d. In paragraph (e) introductory text,
remove ‘‘$23,989’’ and add in its place
‘‘$25,847’’.
■ e. In paragraph (f) introductory text,
remove ‘‘$59,973’’ and add in its place
‘‘$64,618’’.
■
PART 9230—TRESPASS
3. The authority citation for part 9230
continues to read as follows:
■
Authority: R.S. 2478 and 43 U.S.C. 1201.
Subpart 9239—Kinds of Trespass
§ 9239.5–3
[Amended]
4. In § 9239.5–3(f)(1), remove
‘‘$4,490’’ and add in its place ‘‘$4,838’’.
■
Laura Daniel-Davis,
Principal Deputy Assistant Secretary, Land
and Minerals Management.
[FR Doc. 2023–03711 Filed 2–23–23; 8:45 am]
BILLING CODE 4331–29–P
This rule is not a significant energy
action under the definition in E.O.
13211. Therefore, a Statement of Energy
Effects is not required.
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
List of Subjects
43 CFR Part 3160
50 CFR Part 635
Administrative practice and
procedure, Government contracts,
Indians—lands, Mineral royalties, Oil
and gas exploration, Penalties, Public
lands—mineral resources, Reporting
and recordkeeping requirements.
[Docket No. 220919–0193; RTID 0648–
XC722]
Atlantic Highly Migratory Species;
Atlantic Bluefin Tuna Fisheries;
Closure of the Angling Category
Southern Area Trophy Fishery for 2023
43 CFR Part 9230
Penalties, Public lands.
PART 3160—ONSHORE OIL AND GAS
OPERATIONS
1. The authority citation for part 3160
continues to read as follows:
■
ddrumheller on DSK120RN23PROD with RULES
Authority: 25 U.S.C. 396d and 2107; 30
U.S.C. 189, 306, 359, and 1751; 43 U.S.C.
1732(b), 1733, 1740; and Sec. 107, Pub. L.
114–74, 129 Stat. 599, unless otherwise
noted.
Subpart 3163—Noncompliance,
Assessments, and Penalties
§ 3163.2
[Amended]
2. In § 3163.2:
a. In paragraph (b)(1), remove
‘‘$1,198’’ and add in its place ‘‘$1,291’’.
■
■
VerDate Sep<11>2014
16:40 Feb 23, 2023
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closure.
AGENCY:
For the reasons given in the preamble,
the BLM amends chapter II of title 43 of
the Code of Federal Regulations as
follows:
Jkt 259001
NMFS closes the southern
area Angling category fishery for large
medium and giant (‘‘trophy’’ (i.e.,
measuring 73 inches (185 cm) curved
fork length or greater)) Atlantic bluefin
tuna (BFT). The southern area trophy
fishery is defined as south of 39°18′ N
lat., and outside of the Gulf of Mexico.
This action applies to Highly Migratory
Species (HMS) Angling and HMS
Charter/Headboat permitted vessels
when fishing recreationally.
DATES: Effective 11:30 p.m., local time,
February 22, 2023, through December
31, 2023.
FOR FURTHER INFORMATION CONTACT:
Larry Redd, Jr., larry.redd@noaa.gov,
301–427–8503, Ann Williamson,
SUMMARY:
PO 00000
Frm 00042
Fmt 4700
Sfmt 4700
ann.williamson@noaa.gov, 301–427–
8503, or Nicholas Velseboer,
nicholas.velseboer@noaa.gov, 978–281–
9260.
Atlantic
HMS fisheries, including BFT fisheries,
are managed under the authority of the
Atlantic Tunas Convention Act (ATCA;
16 U.S.C. 971 et seq.) and the
Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act; 16 U.S.C. 1801
et seq.). The 2006 Consolidated Atlantic
HMS Fishery Management Plan (FMP)
and its amendments are implemented
by regulations at 50 CFR part 635.
Section 635.27 divides the U.S. BFT
quota recommended by the
International Commission for the
Conservation of Atlantic Tunas (ICCAT)
and as implemented by the United
States among the various domestic
fishing categories, per the allocations
established in the 2006 Consolidated
HMS FMP and its amendments. NMFS
is required under the Magnuson-Stevens
Act to provide U.S. fishing vessels with
a reasonable opportunity to harvest
quotas under relevant international
fishery agreements such as the ICCAT
Convention, which is implemented
domestically pursuant to ATCA.
Under § 635.28(a)(1), NMFS files a
closure notice with the Office of the
Federal Register for publication when a
BFT quota (or subquota) is reached or is
projected to be reached. Retaining,
possessing, or landing BFT under that
quota category is prohibited on and after
the effective date and time of a closure
notice for that category, for the
remainder of the fishing year, until the
opening of the subsequent quota period
or until such date as specified.
The 2023 BFT fishing year, which is
managed on a calendar-year basis and
subject to an annual calendar-year
quota, began January 1, 2023. The
Angling category season opened January
1, 2023, and continues through
December 31, 2023. The Angling
category baseline quota is 297.4 metric
tons (mt), of which 9.2 mt is
suballocated for the harvest of large
medium and giant (trophy) BFT by
vessels fishing under the Angling
category quota, with 2.3 mt allocated for
each of the following areas: North of 42°
N lat. (the Gulf of Maine area); south of
42° N lat. and north of 39°18′ N lat. (the
southern New England area); south of
39°18′ N lat., and outside of the Gulf of
Mexico (the southern area); and the Gulf
of Mexico region. Trophy BFT measure
73 inches (185 cm) curved fork length
or greater. This action applies to the
southern area.
SUPPLEMENTARY INFORMATION:
E:\FR\FM\24FER1.SGM
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]]>Agencies
[Federal Register Volume 88, Number 37 (Friday, February 24, 2023)]
[Rules and Regulations]
[Pages 11818-11820]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-03711]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
43 CFR Parts 3160 and 9230
[212.LLHQ310000.L13100000.PP0000]
RIN 1004-AE91
Onshore Oil and Gas Operations and Coal Trespass--Annual Civil
Penalties Inflation Adjustments
AGENCY: Bureau of Land Management, Interior.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This final rule adjusts the level of civil monetary penalties
contained in the Bureau of Land Management's (BLM) regulations
governing onshore oil and gas operations and coal trespass as required
by the Federal Civil Penalties Inflation Adjustment Act Improvements
Act of 2015. This final rule is consistent with applicable Office of
Management and Budget (OMB) guidance. The penalty adjustments made by
this final rule constitute the 2023 annual inflation adjustments,
accounting for one year of inflation spanning the period from October
2021 through October 2022.
DATES: This rule is effective on February 24, 2023.
FOR FURTHER INFORMATION CONTACT:
For information regarding the BLM's Fluid Minerals Program, please
contact Lonny Bagley, Acting Division Chief, Fluid Minerals Division,
telephone: 307-622-6956; email: [email protected]. For information
regarding the BLM's Solid Minerals Program, please contact Tim Barnes,
Acting Division Chief, Solid Minerals Division, telephone: 541-588-
0853; email: [email protected].
For questions relating to regulatory process issues, please contact
Jennifer Noe, Division of Regulatory Affairs, email: [email protected].
Individuals in the United States who are deaf, deafblind, hard of
hearing, or have a speech disability may dial 711 (TTY, TDD, or
TeleBraille) to access telecommunications relay services. Individuals
outside the United States should use the relay services offered within
their country to make international calls to the point-of-contact in
the United States.
SUPPLEMENTARY INFORMATION:
I. Background
II. Calculation of 2023 Adjustments
III. Procedural Requirements
A. Administrative Procedure Act
B. Regulatory Planning and Review (Executive Orders 12866 and
13563)
C. Regulatory Flexibility Act
D. Congressional Review Act
E. Unfunded Mandates Reform Act
F. Takings (E.O. 12630)
G. Federalism (E.O. 13132)
H. Civil Justice Reform (E.O. 12988)
I. Consultation With Indian Tribes (E.O. 13175 and Departmental
Policy)
J. Paperwork Reduction Act
K. National Environmental Policy Act
L. Effects on the Energy Supply (E.O. 13211)
I. Background
On November 2, 2015, the Federal Civil Penalties Inflation
Adjustment Act Improvements Act of 2015 (sec. 701, Pub. L. 114-74) (the
2015 Act) became law, amending the Federal Civil Penalties Inflation
Adjustment Act of 1990 (Pub. L. 101-410).
The 2015 Act requires agencies to:
1. Adjust the level of civil monetary penalties for inflation with
an initial ``catch-up'' adjustment through an interim final rulemaking
in 2016;
2. Make subsequent annual adjustments for inflation beginning in
2017; and
3. Report annually in Agency Financial Reports on these inflation
adjustments.
The purpose of these adjustments is to maintain the deterrent
effect of civil monetary penalties and promote compliance with the law
(see sec. 1, Pub. L. 101-410).
As required by the 2015 Act, the BLM issued an interim final rule
that adjusted the level of civil monetary penalties in BLM regulations
with the initial ``catch-up'' adjustment (RIN 1004-AE46, 81 FR 41860),
which was published on June 28, 2016, and became effective on July 28,
2016. On January 19, 2017, the BLM published a final rule (RIN 1004-
AE49, 82 FR 6305) updating the civil penalty amounts to the 2017 annual
adjustment levels. Final rules updating the civil penalty amounts to
2018 through 2022 annual adjustment levels were published in subsequent
years.
OMB issued Memorandum M-23-05 on December 15, 2022, entitled,
Implementation of Penalty Inflation Adjustments for 2023, Pursuant to
the Federal Civil Penalties Inflation Adjustment Act Improvements Act
of 2015, which explains agency responsibilities for identifying
applicable penalties and calculating the annual adjustment for 2023 in
accordance with the 2015 Act.
II. Calculation of 2022 Adjustments
In accordance with the 2015 Act and OMB Memorandum M-23-05, the BLM
has identified applicable civil monetary penalties in its regulations
and calculated the annual adjustments. A civil monetary penalty is any
assessment with a dollar amount that is levied for a violation of a
Federal civil statute or regulation and is assessed or enforceable
through a civil action in Federal court or an administrative
proceeding. A civil monetary penalty does not include a penalty levied
for violation of a criminal statute, nor does it include fees for
services, licenses, permits, or other regulatory review. The calculated
annual inflation adjustments are based on the percentage change between
the Consumer Price Index for all Urban Consumers (CPI-U) for the
October preceding the date of the adjustment and the prior year's
October CPI-U. Consistent with guidance in OMB Memorandum M-23-05, the
BLM divided the October 2022 CPI-U by the October 2021 CPI-U to
calculate the multiplier. In this case, October 2022 CPI-U (298.012)/
October 2021 CPI-U (276.589) = 1.07745. OMB Memorandum M-23-05 confirms
that this is the proper multiplier. (OMB Memorandum M-23-05 at 1 and n.
4.)
The 2015 Act requires the BLM to adjust the civil penalty amounts
in 43 CFR 3163.2 and 9239.5-3(f)(1). To accomplish this, the BLM
multiplied the current penalty amounts in those paragraphs by the
multiplier set forth in OMB Memorandum M-23-05 (1.07745) to obtain the
adjusted penalty amounts. The 2015 Act requires that the resulting
amounts be rounded to the nearest $1.00 at the end of the calculation
process.
The adjusted penalty amounts will take effect immediately upon
publication of this rule. Pursuant to the 2015 Act, the adjusted civil
penalty amounts apply to civil penalties assessed after the date the
increase takes effect, even if the associated violation predates such
increase. This final rule adjusts the following civil penalties:
[[Page 11819]]
----------------------------------------------------------------------------------------------------------------
Current Adjusted
CFR citation Description of the penalty penalty penalty
----------------------------------------------------------------------------------------------------------------
43 CFR 3163.2(b)(1)............................... Failure to comply.................... $1,198 $1,291
43 CFR 3163.2(b)(2)............................... If corrective action is not taken.... 11,995 12,924
43 CFR 3163.2(d).................................. If transporter fails to permit 1,198 1,291
inspection for documentation.
43 CFR 3163.2(e).................................. Failure to permit inspection, failure 23,989 25,847
to notify.
43 CFR 3163.2(f).................................. False or inaccurate documents; 59,973 64,618
unlawful transfer or purchase.
43 CFR 9239.5-3(f)(1)............................. Coal exploration for commercial 4,490 4,838
purposes without an exploration
license.
----------------------------------------------------------------------------------------------------------------
III. Procedural Requirements
A. Administrative Procedure Act
In accordance with the 2015 Act, agencies must adjust civil
monetary penalties ``notwithstanding Section 553 of the Administrative
Procedure Act'' (sec. 4(b)(2), 2015 Act). The BLM is promulgating this
2023 inflation adjustment for civil penalties as a final rule pursuant
to the provisions of the 2015 Act and OMB guidance. A proposed rule is
not required because the 2015 Act expressly exempts the annual
inflation adjustments from the notice and comment requirements of the
Administrative Procedure Act. In addition, the 2015 Act does not give
the BLM any discretion to vary the amount of the annual inflation
adjustment for any given penalty to reflect any views or suggestions
provided by commenters. Accordingly, the BLM will not provide an
opportunity for public comment on this rule.
B. 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 this rule is not
significant. (See OMB Memorandum M-23-05)
E.O. 13563 reaffirms the principles of E.O. 12866 while calling for
improvements in the nation's regulatory system to promote
predictability and 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 have developed this rule in a manner that is
consistent with these requirements to the extent permitted by the 2015
Act.
C. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA) 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). The 2015 Act expressly exempts these annual
inflation adjustments from the requirement to publish a proposed rule
for notice and comment (see sec. 4(b)(2), 2015 Act). Because the final
rule in this case does not include publication of a proposed rule, the
RFA does not apply to this final rule.
D. Congressional Review Act
This rule is not a major rule under the Congressional Review Act.
This rule:
(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.
E. Unfunded Mandates Reform Act
This rule does not impose an unfunded mandate on State, local, or
tribal governments, or the private sector of more than $100 million per
year. The rule does not have a significant or unique effect on State,
local, or tribal governments or the private sector. Therefore, a
statement containing the information required by the Unfunded Mandates
Reform Act (2 U.S.C. 1531 et seq.) is not required.
F. Takings (E.O. 12630)
This rule does not effect a taking of private property or otherwise
have takings implications under E.O. 12630. Therefore, a takings
implication assessment is not required.
G. Federalism (E.O. 13132)
Under the criteria in section 1 of E.O. 13132, this rule does not
have federalism implications that warrant the preparation of a
federalism summary impact statement. Therefore, a federalism summary
impact statement is not required.
H. 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) requiring that all
regulations be reviewed to eliminate errors and ambiguity and be
written to minimize litigation; and
(b) Meets the criteria of section 3(b)(2) requiring that all
regulations be written in clear language and contain clear legal
standards.
I. Consultation With Indian Tribes (E.O. 13175 and Departmental Policy)
The Department of the Interior strives to strengthen its
government-to-government relationship with Indian tribes through a
commitment to consultation with Indian tribes and recognition of their
right to self-governance and tribal sovereignty. We have evaluated this
rule under the Department's consultation policy and under the criteria
in E.O. 13175 and have determined that it has no substantial direct
effects on federally recognized Indian tribes and that consultation
under the Department's tribal consultation policy is not required.
J. Paperwork Reduction Act
This rule does not contain information collection requirements, and
a submission to OMB under the Paperwork Reduction Act (44 U.S.C. 3501
et seq.) is not required. We may not conduct or sponsor, and you are
not required to respond to, a collection of information unless it
displays a currently valid OMB control number.
K. National Environmental Policy Act
This rule does not constitute a Major Federal Action because of the
non-discretionary nature of the civil penalty adjustment as required by
law (see 40
[[Page 11820]]
CFR 1508.1(q)(1)(ii)). The Department of Labor's Consumer Price Index
sets the amount of the annual civil penalty adjustment to account for
inflation as required by the Federal Civil Penalties Inflation
Adjustment Act Improvements Act of 2015. Accordingly, BLM has no
discretion in the execution of the civil penalty adjustments. Even if
this were a discretionary action, which it is not, a detailed statement
under NEPA would also not be required because, as a regulation of an
administrative nature, this rule would otherwise be covered by a
categorical exclusion. See 43 CFR 46.210(i). BLM has determined that
the rule does not implicate any of the extraordinary circumstances
listed in 43 CFR 46.215 that would prevent reliance on the categorical
exclusion. Because this rule is not a Major Federal Action, it is
therefore not subject to the requirements of the National Environmental
Policy Act of 1969 (NEPA).
L. Effects on the Energy Supply (E.O. 13211)
This rule is not a significant energy action under the definition
in E.O. 13211. Therefore, a Statement of Energy Effects is not
required.
List of Subjects
43 CFR Part 3160
Administrative practice and procedure, Government contracts,
Indians--lands, Mineral royalties, Oil and gas exploration, Penalties,
Public lands--mineral resources, Reporting and recordkeeping
requirements.
43 CFR Part 9230
Penalties, Public lands.
For the reasons given in the preamble, the BLM amends chapter II of
title 43 of the Code of Federal Regulations as follows:
PART 3160--ONSHORE OIL AND GAS OPERATIONS
0
1. The authority citation for part 3160 continues to read as follows:
Authority: 25 U.S.C. 396d and 2107; 30 U.S.C. 189, 306, 359, and
1751; 43 U.S.C. 1732(b), 1733, 1740; and Sec. 107, Pub. L. 114-74,
129 Stat. 599, unless otherwise noted.
Subpart 3163--Noncompliance, Assessments, and Penalties
Sec. 3163.2 [Amended]
0
2. In Sec. 3163.2:
0
a. In paragraph (b)(1), remove ``$1,198'' and add in its place
``$1,291''.
0
b. In paragraph (b)(2), remove ``$11,995'' and add in its place
``$12,924''.
0
c. In paragraph (d), remove ``$1,198'' and add in its place ``$1,291''.
0
d. In paragraph (e) introductory text, remove ``$23,989'' and add in
its place ``$25,847''.
0
e. In paragraph (f) introductory text, remove ``$59,973'' and add in
its place ``$64,618''.
PART 9230--TRESPASS
0
3. The authority citation for part 9230 continues to read as follows:
Authority: R.S. 2478 and 43 U.S.C. 1201.
Subpart 9239--Kinds of Trespass
Sec. 9239.5-3 [Amended]
0
4. In Sec. 9239.5-3(f)(1), remove ``$4,490'' and add in its place
``$4,838''.
Laura Daniel-Davis,
Principal Deputy Assistant Secretary, Land and Minerals Management.
[FR Doc. 2023-03711 Filed 2-23-23; 8:45 am]
BILLING CODE 4331-29-P
