Civil Penalties Inflation Adjustments; Annual Adjustments, 13018-13022 [2023-03995]
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Federal Register / Vol. 88, No. 41 / Thursday, March 2, 2023 / Rules and Regulations
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Food and Drug Administration
21 CFR Part 11
[Docket No. FDA–2019–N–0646]
Change of Address; Technical
Amendment
AGENCY:
Food and Drug Administration,
HHS.
Final rule; technical
amendment.
ACTION:
Before using an electronic
signature in an electronic record
required by the Food and Drug
Administration (FDA or Agency), a
person must submit a letter of nonrepudiation to FDA. Letters of nonrepudiation are required to certify that
a person’s electronic signatures are
intended to be the legally binding
equivalent of traditional handwritten
signatures. FDA is amending its
regulations to update the address for
submission of a certification in paper
form and to provide an option for
electronic submission. This amendment
is to ensure accuracy and clarity in the
Agency’s regulations. This technical
amendment is nonsubstantive.
DATES: This rule is effective March 2,
2023.
SUMMARY:
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FOR FURTHER INFORMATION CONTACT:
Elizabeth L. Kunkoski, Center for Drug
Evaluation and Research, Food and
Drug Administration, 10903 New
Hampshire Ave., Bldg. 51, Rm. 3332,
Silver Spring, MD 20993–0002,
elizabeth.kunkoski@fda.hhs.gov, 301–
796–6439.
SUPPLEMENTARY INFORMATION: Before
using an electronic signature in an
electronic record required by FDA, a
person must submit a letter of nonrepudiation to FDA (§ 11.100(c) 21 CFR
11.100(c)). Letters of non-repudiation
are required under § 11.100(c)(1) to
certify that a person’s electronic
signatures are intended to be the legally
binding equivalent of traditional
handwritten signatures. FDA is
amending its regulations in 21 CFR part
11 to update the address for submission
of a certification in paper form and to
provide an option for electronic
submission. The new addresses are as
follows:
• For certification of electronic
signatures for submissions sent through
FDA’s Electronic Submissions Gateway
Program, submit to: ESGHelpDesk@
fda.hhs.gov; or
• For certification of electronic
signatures for submissions not
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submitted through FDA’s Electronic
Submissions Gateway Program, submit
to: Jessica Bernhardt, Electronic
Submissions Gateway, U.S. Food and
Drug Administration, 3WFN, Rm. 7C34,
12225 Wilkins Ave., Rockville, MD
20852.
Information on where to submit the
certification is currently found on FDA’s
web page on Letters of Non-Repudiation
Agreement at https://www.fda.gov/
industry/about-esg/appendix-g-lettersnon-repudiation-agreement. This action
is being taken to ensure accuracy and
clarity in the Agency’s regulations.
Publication of this document
constitutes final action on these changes
under the Administrative Procedure Act
(APA) (5 U.S.C. 553). FDA has
determined that notice and public
comment are unnecessary because this
amendment makes only technical or
non-substantive, ministerial changes to
reflect a change in electronic
submission capabilities and corrects the
address for submission of a nonrepudiation letter. Such technical, nonsubstantive changes are ‘‘routine
determination[s], insignificant in nature
and impact, and inconsequential to the
industry and to the public.’’ (Mack
Trucks, Inc. v. EPA, 682 F.3d 87, 94
(D.C. Cir. 2012)) (quotation marks and
citation omitted). Accordingly, FDA for
good cause finds that notice and public
procedure thereon are unnecessary for
these changes in where and how the
certification is submitted.
In addition, we find good cause for
these amendments to become effective
on the date of publication of this action.
The APA allows an effective date of less
than 30 days after publication as
‘‘provided by the agency for good cause
found and published with the rule’’ (5
U.S.C. 553(d)(3)). A delayed effective
date is unnecessary in this case because
the amendments do not impose any new
regulatory requirements on affected
parties. As a result, affected parties do
not need time to prepare before the rule
takes effect. Therefore, we find good
cause for this correction to become
effective on the date of publication of
this action.
List of Subjects in 21 CFR Part 11
Computer technology, Reporting and
recordkeeping requirements.
Therefore, under the Federal Food,
Drug, and Cosmetic Act and under
authority delegated to the Commissioner
of Food and Drugs, 21 CFR part 11 is
amended as follows:
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PART 11—ELECTRONIC RECORDS;
ELECTRONIC SIGNATURES
1. The authority citation for part 11
continues to read as follows:
■
Authority: 21 U.S.C. 321–393; 42 U.S.C.
262.
2. In § 11.100, revise paragraph (c)(1)
to read as follows:
■
§ 11.100
General requirements.
*
*
*
*
*
(c) * * *
(1) The certification shall be signed
with a traditional handwritten signature
and submitted in electronic or paper
form. Information on where to submit
the certification can be found on FDA’s
web page on Letters of Non-Repudiation
Agreement.
*
*
*
*
*
Dated: February 22, 2023.
Lauren K. Roth,
Associate Commissioner for Policy.
[FR Doc. 2023–04010 Filed 3–1–23; 8:45 am]
BILLING CODE 4164–01–P
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
25 CFR Parts 140, 141, 211, 213, 225,
226, 227, 243, and 249
[234A2100DD/AAKC001030/
A0A501010.999900253G]
RIN 1076–AF74
Civil Penalties Inflation Adjustments;
Annual Adjustments
Bureau of Indian Affairs,
Interior.
ACTION: Final rule.
AGENCY:
This rule provides for annual
adjustments to the level of civil
monetary penalties contained in Bureau
of Indian Affairs (Bureau) regulations to
account for inflation under the Federal
Civil Penalties Inflation Adjustment Act
Improvements Act of 2015 and Office of
Management and Budget (OMB)
guidance.
SUMMARY:
DATES:
This rule is effective on March 2,
2023.
FOR FURTHER INFORMATION CONTACT:
Oliver Whaley, Director, Office of
Regulatory Affairs and Collaborative
Action (RACA), Office of the Assistant
Secretary—Indian Affairs; Department
of the Interior, telephone (202) 738–
6065, RACA@bia.gov.
SUPPLEMENTARY INFORMATION:
I. Background
II. Calculation of Annual Adjustments
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Federal Register / Vol. 88, No. 41 / Thursday, March 2, 2023 / Rules and Regulations
III. Procedural Requirements
A. Regulatory Planning and Review (E.O.
12866 and 13563)
B. Reducing Regulation and Controlling
Regulatory Costs (E.O. 13771)
C. Regulatory Flexibility Act
D. Congressional Review Act (CRA)
E. Unfunded Mandates Reform Act
F. Takings (E.O. 12630)
G. Federalism (E.O. 13132)
H. Civil Justice Reform (E.O. 12988)
I. Consultation With Indian Tribes (E.O.
13175)
J. Paperwork Reduction Act
K. National Environmental Policy Act
L. Effects on the Energy Supply (E.O.
13211)
M. Clarity of This Regulation
N. Administrative Procedure Act
I. Background
On November 2, 2015, the President
signed into law the Federal Civil
Penalties Inflation Adjustment Act
Improvements Act of 2015 (sec. 701 of
Pub. L. 114–74) (‘‘the Act’’). The Act
requires Federal agencies to adjust the
level of civil monetary penalties with an
initial ‘‘catch-up’’ adjustment through
rulemaking and then make subsequent
annual adjustments for inflation. The
purpose of these adjustments is to
maintain the deterrent effect of civil
penalties and to further the policy goals
of the underlying statutes.
The Office of Management and Budget
(OMB) issued guidance for Federal
agencies on calculating the catch-up
adjustment. See February 24, 2016,
Memorandum for the Heads of
Executive Departments and Agencies,
from Shaun Donovan, Director, Office of
Management and Budget, re:
Implementation of the Federal Civil
Penalties Inflation Adjustment Act
Improvements Act of 2015 (M–16–06).
Under the guidance, the Department
identified applicable civil monetary
II. Calculation of 2023 Annual
Adjustments
Current
penalty
including
catchup
adjustment
Description of penalty
25 CFR 140.3 ............
25 CFR 141.50 ..........
Penalty for trading in Indian country without a license .......................
Penalty for trading on Navajo, Hopi, or Zuni reservations without a
license.
Penalty for violation of leases of tribal land for mineral development,
violation of part 211, or failure to comply with a notice of noncompliance or cessation order.
Penalty for failure of lessee to comply with lease of restricted lands
of members of the Five Civilized Tribes in Oklahoma for mining,
operating regulations at part 213, or orders.
Penalty for violation of minerals agreement, regulations at part 225,
other applicable laws or regulations, or failure to comply with a
notice of noncompliance or cessation order.
Penalty for violation of lease of Osage reservation lands for oil and
gas mining or regulations at part 226, or noncompliance with the
Superintendent’s order.
Penalty per day for failure to obtain permission to start operations ...
Penalty per day for failure to file records ............................................
Penalty for each well and tank battery for failure to mark wells and
tank batteries.
25 CFR 213.37 ..........
25 CFR 225.37 ..........
25 CFR 226.42 ..........
25 CFR 226.43(a) ......
25 CFR 226.43(b) ......
25 CFR 226.43(c) ......
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the annual adjustments required by the
Act, which agencies must complete by
January 15, 2023. See December 15,
2022, Memorandum for the Heads of
Executive Departments and Agencies,
from Shalanda D. Young, Director,
Office of Management and Budget, re:
Implementation of Penalty Inflation
Adjustments for 2023, Pursuant to the
Federal Civil Penalties Inflation
Adjustment Act Improvements Act of
2015 (M–23–05). The guidance states
that the cost-of-living adjustment
multiplier for 2023, based on the CPI–
U for the month of October 2022, not
seasonally adjusted, is 1.07745. The
annual inflation adjustments are based
on the percent change between the
October CPI–U preceding the date of the
adjustment, and the prior year’s October
CPI–U. For 2023, OMB explains,
October 2022 CPI–U (298.012)/October
2021 CPI–U (276.589) = 1.07745. The
guidance instructs agencies to complete
the 2023 annual adjustment by
multiplying each applicable penalty by
the multiplier 1.07745 and rounding to
the nearest dollar. Further, agencies
should apply the multiplier to the most
recent penalty amount that includes the
initial catch-up adjustment required by
the Act.
The annual adjustment applies to all
civil monetary penalties with a dollar
amount that are subject to the Act. This
final rule adjusts the following civil
monetary penalties contained in the
Bureau’s regulations for 2023 by
multiplying 1.07745 by each penalty
amount as updated by the adjustment
made in the prior year (2022):
OMB recently issued guidance to
assist Federal agencies in implementing
CFR citation
25 CFR 211.55 ..........
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penalties and calculated the catch-up
adjustment. A civil monetary penalty is
any assessment with a dollar amount
that is levied for a violation of a Federal
civil statute or regulation, and is
assessed or enforceable through a civil
action in Federal court or an
administrative proceeding. A civil
monetary penalty does not include a
penalty levied for violation of a criminal
statute, or fees for services, licenses,
permits, or other regulatory review. The
calculated catch-up adjustment is based
on the percent change between the
Consumer Price Index for all Urban
Consumers (CPI–U) for the month of
October in the year of the previous
adjustment (or in the year of
establishment, if no adjustment has
been made) and the October 2015 CPI–
U.
The Bureau issued an interim final
rule providing for calculated catch-up
adjustments on June 30, 2016 (81 FR
42478), with an effective date of August
1, 2016, and requesting comments postpromulgation. The Bureau issued a final
rule affirming the catch-up adjustments
set forth in the interim final rule on
December 2, 2016 (81 FR 86953). The
Bureau then issued a final rule making
the next scheduled annual inflation
adjustment for 2017 on January 23, 2017
(82 FR 7649), for 2018 on February 6,
2018 (83 FR 5192), for 2019 on April 15,
2019 (84 FR 15098), for 2020 on
February 19, 2020 (85 FR 9366), for
2021 on January 28, 2021 (86 FR 7344),
and for 2022 on March 9, 2022 (87 FR
13153).
13019
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Annual
adjustment
(multiplier)
Adjusted
penalty
for 2023
$1,453
1,453
1.07745
1.07745
$1,566
1,566
1,747
1.07745
1,882
1,453
1.07745
1,566
1,849
1.07745
1,992
1,037
1.07745
1,117
103
103
103
1.07745
1.07745
1.07745
111
111
111
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Federal Register / Vol. 88, No. 41 / Thursday, March 2, 2023 / Rules and Regulations
CFR citation
Description of penalty
25 CFR 226.43(d) ......
Penalty each day after operations are commenced for failure to construct and maintain pits.
Penalty for failure to comply with requirements regarding valve or
other approved controlling device.
Penalty for failure to notify Superintendent before drilling, redrilling,
deepening, plugging, or abandoning any well.
Penalty per day for failure to properly care for and dispose of deleterious fluids.
Penalty per day for failure to file plugging and other required reports
Penalty for failure of lessee of certain lands in Wind River Indian
Reservation, Wyoming, for oil and gas mining to comply with
lease provisions, operating regulations, regulations at part 227, or
orders.
Penalty for non-Native transferees of live Alaskan reindeer who violates part 243, takes reindeer without a permit, or fails to abide by
permit terms.
Penalty for fishing in violation of regulations at part 249 (Off-Reservation Treaty Fishing).
25 CFR 226.43(e) ......
25 CFR 226.43(f) .......
25 CFR 226.43(g) ......
25 CFR 226.43(h) ......
25 CFR 227.24 ..........
25 CFR 243.8 ............
25 CFR 249.6(b) ........
Consistent with the Act, the adjusted
penalty levels for 2023 will take effect
immediately upon the effective date of
the adjustment. The adjusted penalty
levels for 2023 will apply to penalties
assessed after that date including, if
consistent with agency policy,
assessments associated with violations
that occurred on or after November 2,
2015 (the date of the Act). The Act does
not, however, change previously
assessed penalties that the Bureau is
collecting or has collected. Nor does the
Act change an agency’s existing
statutory authorities to adjust penalties.
III. Procedural Requirements
A. Regulatory Planning and Review
(E.O. 12866 and 13563)
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Current
penalty
including
catchup
adjustment
Executive Order 12866 provides that
the Office of Information and Regulatory
Affairs in the Office of Management and
Budget will review all significant rules.
The Office of Information and
Regulatory Affairs has determined that
this rule is not significant.
Executive Order 13563 reaffirms the
principles of E.O. 12866 while calling
for improvements in the Nation’s
regulatory system to promote
predictability, to reduce uncertainty,
and to use the best, most innovative,
and least burdensome tools for
achieving regulatory ends. The
Executive order directs agencies to
consider regulatory approaches that
reduce burdens and maintain flexibility
and freedom of choice for the public
where these approaches are relevant,
feasible, and consistent with regulatory
objectives. E.O. 13563 emphasizes
further that regulations must be based
on the best available science and that
the rulemaking process must allow for
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public participation and an open
exchange of ideas. We have developed
this rule in a manner consistent with
these requirements.
B. Reducing Regulation and Controlling
Regulatory Costs (Executive Order
13771)
This rule is not an E.O. 13771
regulatory action because this rule is not
significant under Executive Order
12866.
C. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA)
requires an agency to prepare a
regulatory flexibility analysis for 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 RFA does not
apply to this final rule because the
Bureau is not required to publish a
proposed rule for the reasons explained
below in Section III.M below.
D. Congressional Review Act (CRA)
This rule is not a major rule under 5
U.S.C. 804(2). This rule:
(a) Does not have an annual effect on
the economy of $100 million or more.
(b) Will not cause a major increase in
costs or prices for consumers,
individual industries, Federal, State, or
local government agencies, or
geographic regions.
(c) Does not have significant adverse
effects on competition, employment,
investment, productivity, innovation, or
the ability of U.S.-based enterprises to
compete with foreign-based enterprises.
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Annual
adjustment
(multiplier)
Adjusted
penalty
for 2023
103
1.07745
111
207
1.07745
223
414
1.07745
446
1,037
1.07745
1,117
103
1,453
1.07745
1.07745
111
1,566
6,852
1.07745
7,383
1,453
1.07745
1,566
E. Unfunded Mandates Reform Act
This rule does not impose an
unfunded mandate on State, local, or
tribal governments, or the private sector
of more than $100 million per year. The
rule does not have a significant or
unique effect on State, local, or tribal
governments or the private sector. A
statement containing the information
required by the Unfunded Mandates
Reform Act (2 U.S.C. 1531 et seq.) is not
required.
F. Takings (E.O. 12630)
This rule does not affect a taking of
private property or otherwise have
taking implications under Executive
Order 12630. A takings implication
assessment is not required.
G. Federalism (E.O. 13132)
Under the criteria in section 1 of
Executive Order 13132, this rule does
not have sufficient federalism
implications to warrant the preparation
of a federalism summary impact
statement. A federalism summary
impact statement is not required.
H. Civil Justice Reform (E.O. 12988)
This rule complies with the
requirements of Executive Order 12988.
Specifically, this rule: (a) meets the
criteria of section 3(a) requiring that all
regulations be reviewed to eliminate
errors and ambiguity and be written to
minimize litigation; and (b) meets the
criteria of section 3(b)(2) requiring that
all regulations be written in clear
language and contain clear legal
standards.
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Federal Register / Vol. 88, No. 41 / Thursday, March 2, 2023 / Rules and Regulations
I. Consultation With Indian Tribes (E.O.
13175 and Departmental Policy)
The Department of the Interior strives
to strengthen its government-togovernment relationship with Indian
tribes through a commitment to
consultation with Indian Tribes and
recognition of their right to selfgovernance and tribal sovereignty. We
have evaluated this rule under the
Department’s consultation policy and
under the criteria in Executive Order
13175 and have determined that it has
no substantial direct effects on federally
recognized Indian Tribes and that
consultation under the Department’s
tribal consultation policy is not
required.
J. Paperwork Reduction Act
This rule does not contain
information collection requirements,
and a submission to the Office of
Management and Budget under the
Paperwork Reduction Act (44 U.S.C.
3501 et seq.) is not required. We may
not conduct or sponsor, and you are not
required to respond to, a collection of
information unless it displays a
currently valid OMB control number.
K. National Environmental Policy Act
This rule does not constitute a major
Federal action significantly affecting the
quality of the human environment. A
detailed statement under the National
Environmental Policy Act of 1969
(NEPA) is not required because the rule
is covered by a categorical exclusion.
This rule is excluded from the
requirement to prepare a detailed
statement because it is a regulation of an
administrative nature. For further
information see 43 CFR 46.210(i). We
have also determined that the rule does
not involve any of the extraordinary
circumstances listed in 43 CFR 46.215
that would require further analysis
under NEPA.
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L. Effects on the Energy Supply (E.O.
13211)
This rule is not a significant energy
action under the definition in Executive
Order 13211. A Statement of Energy
Effects is not required.
M. Administrative Procedure Act
The Act requires agencies to publish
annual inflation adjustments by no later
than January 15, of each year,
notwithstanding section 553 of the
Administrative Procedure Act (APA) (5
U.S.C. 553). OMB has interpreted this
direction to mean that the usual APA
public procedure for rulemaking—
which includes public notice of a
proposed rule, an opportunity for public
comment, and a delay in the effective
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date of a final rule—is not required
when agencies issue regulations to
implement the annual adjustments to
civil penalties that the Act requires.
Accordingly, we are issuing the annual
adjustments as a final rule without prior
notice or an opportunity for comment
and with an effective date immediately
upon publication in the Federal
Register.
Section 553(b) of the APA provides
that, when an agency for good cause
finds that ‘‘notice and public procedure
. . . are impracticable, unnecessary, or
contrary to the public interest,’’ the
agency may issue a rule without
providing notice and an opportunity for
prior public comment. Under section
553(b), the Bureau finds that there is
good cause to promulgate this rule
without first providing for public
comment. It would not be possible to
meet the deadlines imposed by the Act
if we were to first publish a proposed
rule, allow the public sufficient time to
submit comments, analyze the
comments, and publish a final rule.
Also, the Bureau is promulgating this
final rule to implement the statutory
directive in the Act, which requires
agencies to publish a final rule and to
update the civil penalty amounts by
applying a specified formula. The
Bureau has no discretion to vary the
amount of the adjustment to reflect any
views or suggestions provided by
commenters. Accordingly, it would
serve no purpose to provide an
opportunity for public comment on this
rule prior to promulgation. Thus,
providing for notice and public
comment is impracticable and
unnecessary.
List of Subjects
25 CFR Part 140
Business and industry, Indians,
Penalties.
25 CFR Part 141
Business and industry, Credit,
Indians—business and finance,
Penalties.
25 CFR Part 211
Geothermal energy, Indians—lands,
Mineral resources, Mines, Oil and gas
exploration, Reporting and
recordkeeping requirements.
25 CFR Part 213
Indians—lands, Mineral resources,
Mines, Oil and gas exploration,
Reporting and recordkeeping
requirements.
25 CFR Part 225
Geothermal energy, Indians—lands,
Mineral resources, Mines, Oil and gas
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13021
exploration, Penalties, Reporting and
recordkeeping requirements, Surety
bonds.
25 CFR Part 226
Indians—lands.
25 CFR Part 227
Indians—lands, Mineral resources,
Mines, Oil and gas exploration,
Reporting and recordkeeping
requirements.
25 CFR Part 243
Indians, Livestock.
25 CFR Part 249
Fishing, Indians.
For the reasons given in the preamble,
the Department of the Interior amends
chapter I of title 25 Code of Federal
Regulations as follows.
Title 25—Indians
Chapter I—Bureau of Indian Affairs,
Department of the Interior
PART 140—LICENSED INDIAN
TRADERS
1. The authority citation for part 140
is revised to read as follows:
■
Authority: 5 U.S.C. 301; 18 U.S.C. 437; 25
U.S.C. 2, 9, 261, 262, 264; sec. 5, 19 Stat. 200,
sec. 1, 31 Stat. 1066, as amended; and sec.
701, Pub. L. 114–74, 129 Stat. 599, unless
otherwise noted.
§ 140.3
[Amended]
2. In § 140.3, remove ‘‘$1,453’’ and
add in its place ‘‘$1,566’’ and remove
the parenthetical authority citation at
the end of the section.
■
PART 141—BUSINESS PRACTICES ON
THE NAVAJO, HOPI AND ZUNI
RESERVATIONS
3. The authority citation for part 141
continues to read as follows:
■
Authority: 5 U.S.C. 301; 25 U.S.C. 2 and
9; and Sec. 701, Pub. L. 114–74, 129 Stat.
599, unless otherwise noted.
§ 141.50
[Amended]
4. In § 141.50, remove ‘‘$1,453’’ and
add in its place ‘‘$1,566’’.
■
PART 211—LEASING OF TRIBAL
LANDS FOR MINERAL DEVELOPMENT
5. The authority citation for part 211
continues to read as follows:
■
Authority: Sec. 4, Act of May 11, 1938 (52
Stat. 347); Act of August 1, 1956 (70 Stat.
744); 25 U.S.C. 396a–g; 25 U.S.C. 2 and 9;
and Sec. 701, Pub. L. 114–74, 129 Stat. 599,
unless otherwise noted.
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§ 211.55
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§ 227.24
[Amended]
[Amended]
SUPPLEMENTARY INFORMATION:
■
6. In § 211.55(a), remove ‘‘$1,747’’ and
add in its place ‘‘$1,882’’.
■
PART 213—LEASING OF RESTRICTED
LANDS FOR MEMBERS OF FIVE
CIVILIZED TRIBES, OKLAHOMA, FOR
MINING
PART 243—REINDEER IN ALASKA
■
7. The authority citation for part 213
continues to read as follows:
Authority: Sec. 12, 50 Stat. 902; 25 U.S.C.
500K; and Sec. 701, Pub. L. 114–74, 129 Stat.
599.
■
Authority: Sec. 2, 35 Stat. 312; sec. 18, 41
Stat. 426; sec. 1, 45 Stat. 495; sec. 1, 47 Stat.
777; 25 U.S.C. 356; and Sec. 701, Pub. L.
114–74, 129 Stat. 599. Interpret or apply secs.
3, 11, 35 Stat. 313, 316; sec. 8, 47 Stat. 779,
unless otherwise noted.
§ 213.37
15. In § 227.24, remove ‘‘$1,453’’ and
add in its place ‘‘$1,566’’.
16. The authority citation for part 243
continues to read as follows:
§ 243.8
[Amended]
17. In § 243.8(a) introductory text,
remove ‘‘$6,852’’ and add in its place
‘‘$7,383’’.
■
PART 249—OFF-RESERVATION
TREATY FISHING
[Amended]
8. In § 213.37, remove ‘‘$1,453’’ and
add in its place ‘‘$1,566’’.
■
PART 225—OIL AND GAS,
GEOTHERMAL, AND SOLID MINERALS
AGREEMENTS
Authority: 25 U.S.C. 2, and 9; 5 U.S.C.
301; and Sec. 701, Pub. L. 114–74, 129 Stat.
599, unless otherwise noted.
■
18. The authority citation for part 249
continues to read as follows:
9. The authority citation for part 225
continues to read as follows:
§ 249.6
■
Authority: 25 U.S.C. 2, 9, and 2101–2108;
and Sec. 701, Pub. L. 114–74, 129 Stat. 599.
§ 225.37
[Amended]
10. In § 225.37(a), remove ‘‘$1,849’’
and add in its place ‘‘$1,992’’.
Bryan Newland,
Assistant Secretary—Indian Affairs.
[FR Doc. 2023–03995 Filed 3–1–23; 8:45 am]
■
BILLING CODE 4337–15–P
PART 226—LEASING OF OSAGE
RESERVATION LANDS FOR OIL AND
GAS MINING
11. The authority citation for part 226
continues to read as follows:
■
DEPARTMENT OF THE TREASURY
Office of Foreign Assets Control
31 CFR Part 591
Publication of Venezuela Sanctions
Regulations Web General Licenses 36,
36A, 37, 38, and 39
§ 226.42
AGENCY:
[Amended]
12. In § 226.42, remove ‘‘$1,037’’ and
add in its place ‘‘$1,117’’.
§ 226.43
[Amended]
13. In § 226.43:
a. Remove ‘‘$103’’ wherever it appears
and add ‘‘$111’’ in its place.
■ b. In paragraph (e), remove ‘‘$207’’
and add in its place ‘‘$223’’.
■ c. In paragraph (f), remove ‘‘$414’’ and
add in its place ‘‘$446’’.
■ d. In paragraph (g), remove ‘‘$1,037’’
and add in its place ‘‘$1,117’’.
■
■
PART 227—LEASING OF CERTAIN
LANDS IN WIND RIVER INDIAN
RESERVATION, WYOMING, FOR OIL
AND GAS MINING
14. The authority citation for part 227
continues to read as follows:
■
Authority: Sec. 1, 39 Stat. 519; and Sec.
701, Pub. L. 114–74, 129 Stat. 599, unless
otherwise noted.
VerDate Sep<11>2014
17:03 Mar 01, 2023
Jkt 259001
This document and additional
information concerning OFAC are
available on OFAC’s website:
www.treas.gov/ofac.
Background
On February 18, 2022, OFAC issued
GL 36 to authorize certain transactions
otherwise prohibited by the Venezuela
Sanctions Regulations, 31 CFR part 591
(VSR). On March 12, 2020, OFAC issued
GL 36A, which superseded GL 36. On
June 18, 2020, OFAC issued GL 37 to
authorize certain transactions otherwise
prohibited by the VSR. On November
30, 2020, OFAC issued GL 38 to
authorize certain transactions otherwise
prohibited by the VSR. GLs 36A and 38
are now expired. GL 37 was revoked on
July 2, 2020.
On June 17, 2021, OFAC issued GL 39
to authorize certain transactions
otherwise prohibited by the VSR. GL 39
was superseded by GL 39A, which was
issued on June 10, 2022 (87 FR 47932).
Each GL was made available on OFAC’s
website (www.treas.gov/ofac) when it
was issued. The text of GLs 36, 36A, 37,
38, and 39 is provided below.
OFFICE OF FOREIGN ASSETS CONTROL
Authority: Sec. 3, 34 Stat. 543; secs. 1, 2,
45 Stat. 1478; sec. 3, 52 Stat. 1034, 1035; sec.
2(a), 92 Stat. 1660; and Sec. 701, Pub. L. 114–
74, 129 Stat. 599.
■
ddrumheller on DSK120RN23PROD with RULES1
[Amended]
19. In § 249.6(b), remove ‘‘$1,453’’ and
add in its place ‘‘$1,566’’.
■
Electronic Availability
Office of Foreign Assets
Control, Treasury.
ACTION: Publication of web general
licenses.
The Department of the
Treasury’s Office of Foreign Assets
Control (OFAC) is publishing five
general licenses (GLs) issued in the
Venezuela Sanctions program: GLs 36,
36A, 37, 38, and 39, each of which was
previously made available on OFAC’s
website.
DATES: GL 36 was issued on February
18, 2020. See SUPPLEMENTARY
INFORMATION for additional relevant
dates.
FOR FURTHER INFORMATION CONTACT:
OFAC: Assistant Director for Licensing,
202–622–2480; Assistant Director for
Regulatory Affairs, 202–622–4855; or
Assistant Director for Sanctions
Compliance & Evaluation, 202–622–
2490.
SUMMARY:
PO 00000
Frm 00006
Fmt 4700
Sfmt 4700
Venezuela Sanctions Regulations
31 CFR Part 591
GENERAL LICENSE NO. 36
Authorizing Certain Activities Necessary to
the Wind Down of Transactions Involving
Rosneft Trading S.A.
(a) Except as provided in paragraph (b) of
this general license, all transactions and
activities prohibited by Executive Order
(E.O.) 13850 of November 1, 2018, as
amended by E.O. 13857 of January 25, 2019,
and incorporated into the Venezuela
Sanctions Regulations, 31 CFR part 591 (the
VSR), that are ordinarily incident and
necessary to the wind down of transactions
involving Rosneft Trading S.A., or any entity
in which Rosneft Trading S.A. owns, directly
or indirectly, a 50 percent or greater interest,
are authorized through 12:01 a.m. eastern
daylight time, May 20, 2020.
(b) This general license does not authorize:
(1) Any debit to an account of Rosneft
Trading S.A., or any entity in which Rosneft
Trading S.A. owns, directly or indirectly, a
50 percent or greater interest, on the books
of a U.S. financial institution; or
(2) Any transactions or activities otherwise
prohibited by the VSR, or any other part of
31 CFR chapter V, or any transactions or
activities with any blocked person other than
the blocked persons identified in paragraph
(a) of this general license.
Andrea Gacki,
Director, Office of Foreign Assets Control.
Dated: February 18, 2020.
E:\FR\FM\02MRR1.SGM
02MRR1
]]>Agencies
[Federal Register Volume 88, Number 41 (Thursday, March 2, 2023)]
[Rules and Regulations]
[Pages 13018-13022]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-03995]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
25 CFR Parts 140, 141, 211, 213, 225, 226, 227, 243, and 249
[234A2100DD/AAKC001030/A0A501010.999900253G]
RIN 1076-AF74
Civil Penalties Inflation Adjustments; Annual Adjustments
AGENCY: Bureau of Indian Affairs, Interior.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This rule provides for annual adjustments to the level of
civil monetary penalties contained in Bureau of Indian Affairs (Bureau)
regulations to account for inflation under the Federal Civil Penalties
Inflation Adjustment Act Improvements Act of 2015 and Office of
Management and Budget (OMB) guidance.
DATES: This rule is effective on March 2, 2023.
FOR FURTHER INFORMATION CONTACT: Oliver Whaley, Director, Office of
Regulatory Affairs and Collaborative Action (RACA), Office of the
Assistant Secretary--Indian Affairs; Department of the Interior,
telephone (202) 738-6065, [email protected].
SUPPLEMENTARY INFORMATION:
I. Background
II. Calculation of Annual Adjustments
[[Page 13019]]
III. Procedural Requirements
A. Regulatory Planning and Review (E.O. 12866 and 13563)
B. Reducing Regulation and Controlling Regulatory Costs (E.O.
13771)
C. Regulatory Flexibility Act
D. Congressional Review Act (CRA)
E. Unfunded Mandates Reform Act
F. Takings (E.O. 12630)
G. Federalism (E.O. 13132)
H. Civil Justice Reform (E.O. 12988)
I. Consultation With Indian Tribes (E.O. 13175)
J. Paperwork Reduction Act
K. National Environmental Policy Act
L. Effects on the Energy Supply (E.O. 13211)
M. Clarity of This Regulation
N. Administrative Procedure Act
I. Background
On November 2, 2015, the President signed into law the Federal
Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (sec.
701 of Pub. L. 114-74) (``the Act''). The Act requires Federal agencies
to adjust the level of civil monetary penalties with an initial
``catch-up'' adjustment through rulemaking and then make subsequent
annual adjustments for inflation. The purpose of these adjustments is
to maintain the deterrent effect of civil penalties and to further the
policy goals of the underlying statutes.
The Office of Management and Budget (OMB) issued guidance for
Federal agencies on calculating the catch-up adjustment. See February
24, 2016, Memorandum for the Heads of Executive Departments and
Agencies, from Shaun Donovan, Director, Office of Management and
Budget, re: Implementation of the Federal Civil Penalties Inflation
Adjustment Act Improvements Act of 2015 (M-16-06). Under the guidance,
the Department identified applicable civil monetary penalties and
calculated the catch-up adjustment. A civil monetary penalty is any
assessment with a dollar amount that is levied for a violation of a
Federal civil statute or regulation, and is assessed or enforceable
through a civil action in Federal court or an administrative
proceeding. A civil monetary penalty does not include a penalty levied
for violation of a criminal statute, or fees for services, licenses,
permits, or other regulatory review. The calculated catch-up adjustment
is based on the percent change between the Consumer Price Index for all
Urban Consumers (CPI-U) for the month of October in the year of the
previous adjustment (or in the year of establishment, if no adjustment
has been made) and the October 2015 CPI-U.
The Bureau issued an interim final rule providing for calculated
catch-up adjustments on June 30, 2016 (81 FR 42478), with an effective
date of August 1, 2016, and requesting comments post-promulgation. The
Bureau issued a final rule affirming the catch-up adjustments set forth
in the interim final rule on December 2, 2016 (81 FR 86953). The Bureau
then issued a final rule making the next scheduled annual inflation
adjustment for 2017 on January 23, 2017 (82 FR 7649), for 2018 on
February 6, 2018 (83 FR 5192), for 2019 on April 15, 2019 (84 FR
15098), for 2020 on February 19, 2020 (85 FR 9366), for 2021 on January
28, 2021 (86 FR 7344), and for 2022 on March 9, 2022 (87 FR 13153).
II. Calculation of 2023 Annual Adjustments
OMB recently issued guidance to assist Federal agencies in
implementing the annual adjustments required by the Act, which agencies
must complete by January 15, 2023. See December 15, 2022, Memorandum
for the Heads of Executive Departments and Agencies, from Shalanda D.
Young, Director, Office of Management and Budget, re: Implementation of
Penalty Inflation Adjustments for 2023, Pursuant to the Federal Civil
Penalties Inflation Adjustment Act Improvements Act of 2015 (M-23-05).
The guidance states that the cost-of-living adjustment multiplier for
2023, based on the CPI-U for the month of October 2022, not seasonally
adjusted, is 1.07745. The annual inflation adjustments are based on the
percent change between the October CPI-U preceding the date of the
adjustment, and the prior year's October CPI-U. For 2023, OMB explains,
October 2022 CPI-U (298.012)/October 2021 CPI-U (276.589) = 1.07745.
The guidance instructs agencies to complete the 2023 annual adjustment
by multiplying each applicable penalty by the multiplier 1.07745 and
rounding to the nearest dollar. Further, agencies should apply the
multiplier to the most recent penalty amount that includes the initial
catch-up adjustment required by the Act.
The annual adjustment applies to all civil monetary penalties with
a dollar amount that are subject to the Act. This final rule adjusts
the following civil monetary penalties contained in the Bureau's
regulations for 2023 by multiplying 1.07745 by each penalty amount as
updated by the adjustment made in the prior year (2022):
----------------------------------------------------------------------------------------------------------------
Current
penalty Annual Adjusted
CFR citation Description of penalty including adjustment penalty for
catchup (multiplier) 2023
adjustment
----------------------------------------------------------------------------------------------------------------
25 CFR 140.3......................... Penalty for trading in $1,453 1.07745 $1,566
Indian country without a
license.
25 CFR 141.50........................ Penalty for trading on 1,453 1.07745 1,566
Navajo, Hopi, or Zuni
reservations without a
license.
25 CFR 211.55........................ Penalty for violation of 1,747 1.07745 1,882
leases of tribal land
for mineral development,
violation of part 211,
or failure to comply
with a notice of
noncompliance or
cessation order.
25 CFR 213.37........................ Penalty for failure of 1,453 1.07745 1,566
lessee to comply with
lease of restricted
lands of members of the
Five Civilized Tribes in
Oklahoma for mining,
operating regulations at
part 213, or orders.
25 CFR 225.37........................ Penalty for violation of 1,849 1.07745 1,992
minerals agreement,
regulations at part 225,
other applicable laws or
regulations, or failure
to comply with a notice
of noncompliance or
cessation order.
25 CFR 226.42........................ Penalty for violation of 1,037 1.07745 1,117
lease of Osage
reservation lands for
oil and gas mining or
regulations at part 226,
or noncompliance with
the Superintendent's
order.
25 CFR 226.43(a)..................... Penalty per day for 103 1.07745 111
failure to obtain
permission to start
operations.
25 CFR 226.43(b)..................... Penalty per day for 103 1.07745 111
failure to file records.
25 CFR 226.43(c)..................... Penalty for each well and 103 1.07745 111
tank battery for failure
to mark wells and tank
batteries.
[[Page 13020]]
25 CFR 226.43(d)..................... Penalty each day after 103 1.07745 111
operations are commenced
for failure to construct
and maintain pits.
25 CFR 226.43(e)..................... Penalty for failure to 207 1.07745 223
comply with requirements
regarding valve or other
approved controlling
device.
25 CFR 226.43(f)..................... Penalty for failure to 414 1.07745 446
notify Superintendent
before drilling,
redrilling, deepening,
plugging, or abandoning
any well.
25 CFR 226.43(g)..................... Penalty per day for 1,037 1.07745 1,117
failure to properly care
for and dispose of
deleterious fluids.
25 CFR 226.43(h)..................... Penalty per day for 103 1.07745 111
failure to file plugging
and other required
reports.
25 CFR 227.24........................ Penalty for failure of 1,453 1.07745 1,566
lessee of certain lands
in Wind River Indian
Reservation, Wyoming,
for oil and gas mining
to comply with lease
provisions, operating
regulations, regulations
at part 227, or orders.
25 CFR 243.8......................... Penalty for non-Native 6,852 1.07745 7,383
transferees of live
Alaskan reindeer who
violates part 243, takes
reindeer without a
permit, or fails to
abide by permit terms.
25 CFR 249.6(b)...................... Penalty for fishing in 1,453 1.07745 1,566
violation of regulations
at part 249 (Off-
Reservation Treaty
Fishing).
----------------------------------------------------------------------------------------------------------------
Consistent with the Act, the adjusted penalty levels for 2023 will
take effect immediately upon the effective date of the adjustment. The
adjusted penalty levels for 2023 will apply to penalties assessed after
that date including, if consistent with agency policy, assessments
associated with violations that occurred on or after November 2, 2015
(the date of the Act). The Act does not, however, change previously
assessed penalties that the Bureau is collecting or has collected. Nor
does the Act change an agency's existing statutory authorities to
adjust penalties.
III. Procedural Requirements
A. Regulatory Planning and Review (E.O. 12866 and 13563)
Executive Order 12866 provides that the Office of Information and
Regulatory Affairs in the Office of Management and Budget will review
all significant rules. The Office of Information and Regulatory Affairs
has determined that this rule is not significant.
Executive Order 13563 reaffirms the principles of E.O. 12866 while
calling for improvements in the Nation's regulatory system to promote
predictability, to reduce uncertainty, and to use the best, most
innovative, and least burdensome tools for achieving regulatory ends.
The Executive order directs agencies to consider regulatory approaches
that reduce burdens and maintain flexibility and freedom of choice for
the public where these approaches are relevant, feasible, and
consistent with regulatory objectives. E.O. 13563 emphasizes further
that regulations must be based on the best available science and that
the rulemaking process must allow for public participation and an open
exchange of ideas. We have developed this rule in a manner consistent
with these requirements.
B. Reducing Regulation and Controlling Regulatory Costs (Executive
Order 13771)
This rule is not an E.O. 13771 regulatory action because this rule
is not significant under Executive Order 12866.
C. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA) requires an agency to prepare
a regulatory flexibility analysis for 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 RFA does not apply to this final rule
because the Bureau is not required to publish a proposed rule for the
reasons explained below in Section III.M below.
D. Congressional Review Act (CRA)
This rule is not a major rule under 5 U.S.C. 804(2). This rule:
(a) Does not have an annual effect on the economy of $100 million
or more.
(b) Will not cause a major increase in costs or prices for
consumers, individual industries, Federal, State, or local government
agencies, or geographic regions.
(c) Does not have significant adverse effects on competition,
employment, investment, productivity, innovation, or the ability of
U.S.-based enterprises to compete with foreign-based enterprises.
E. Unfunded Mandates Reform Act
This rule does not impose an unfunded mandate on State, local, or
tribal governments, or the private sector of more than $100 million per
year. The rule does not have a significant or unique effect on State,
local, or tribal governments or the private sector. A statement
containing the information required by the Unfunded Mandates Reform Act
(2 U.S.C. 1531 et seq.) is not required.
F. Takings (E.O. 12630)
This rule does not affect a taking of private property or otherwise
have taking implications under Executive Order 12630. A takings
implication assessment is not required.
G. Federalism (E.O. 13132)
Under the criteria in section 1 of Executive Order 13132, this rule
does not have sufficient federalism implications to warrant the
preparation of a federalism summary impact statement. A federalism
summary impact statement is not required.
H. Civil Justice Reform (E.O. 12988)
This rule complies with the requirements of Executive Order 12988.
Specifically, this rule: (a) meets the criteria of section 3(a)
requiring that all regulations be reviewed to eliminate errors and
ambiguity and be written to minimize litigation; and (b) meets the
criteria of section 3(b)(2) requiring that all regulations be written
in clear language and contain clear legal standards.
[[Page 13021]]
I. Consultation With Indian Tribes (E.O. 13175 and Departmental Policy)
The Department of the Interior strives to strengthen its
government-to-government relationship with Indian tribes through a
commitment to consultation with Indian Tribes and recognition of their
right to self-governance and tribal sovereignty. We have evaluated this
rule under the Department's consultation policy and under the criteria
in Executive Order 13175 and have determined that it has no substantial
direct effects on federally recognized Indian Tribes and that
consultation under the Department's tribal consultation policy is not
required.
J. Paperwork Reduction Act
This rule does not contain information collection requirements, and
a submission to the Office of Management and Budget under the Paperwork
Reduction Act (44 U.S.C. 3501 et seq.) is not required. We may not
conduct or sponsor, and you are not required to respond to, a
collection of information unless it displays a currently valid OMB
control number.
K. National Environmental Policy Act
This rule does not constitute a major Federal action significantly
affecting the quality of the human environment. A detailed statement
under the National Environmental Policy Act of 1969 (NEPA) is not
required because the rule is covered by a categorical exclusion. This
rule is excluded from the requirement to prepare a detailed statement
because it is a regulation of an administrative nature. For further
information see 43 CFR 46.210(i). We have also determined that the rule
does not involve any of the extraordinary circumstances listed in 43
CFR 46.215 that would require further analysis under NEPA.
L. Effects on the Energy Supply (E.O. 13211)
This rule is not a significant energy action under the definition
in Executive Order 13211. A Statement of Energy Effects is not
required.
M. Administrative Procedure Act
The Act requires agencies to publish annual inflation adjustments
by no later than January 15, of each year, notwithstanding section 553
of the Administrative Procedure Act (APA) (5 U.S.C. 553). OMB has
interpreted this direction to mean that the usual APA public procedure
for rulemaking--which includes public notice of a proposed rule, an
opportunity for public comment, and a delay in the effective date of a
final rule--is not required when agencies issue regulations to
implement the annual adjustments to civil penalties that the Act
requires. Accordingly, we are issuing the annual adjustments as a final
rule without prior notice or an opportunity for comment and with an
effective date immediately upon publication in the Federal Register.
Section 553(b) of the APA provides that, when an agency for good
cause finds that ``notice and public procedure . . . are impracticable,
unnecessary, or contrary to the public interest,'' the agency may issue
a rule without providing notice and an opportunity for prior public
comment. Under section 553(b), the Bureau finds that there is good
cause to promulgate this rule without first providing for public
comment. It would not be possible to meet the deadlines imposed by the
Act if we were to first publish a proposed rule, allow the public
sufficient time to submit comments, analyze the comments, and publish a
final rule. Also, the Bureau is promulgating this final rule to
implement the statutory directive in the Act, which requires agencies
to publish a final rule and to update the civil penalty amounts by
applying a specified formula. The Bureau has no discretion to vary the
amount of the adjustment to reflect any views or suggestions provided
by commenters. Accordingly, it would serve no purpose to provide an
opportunity for public comment on this rule prior to promulgation.
Thus, providing for notice and public comment is impracticable and
unnecessary.
List of Subjects
25 CFR Part 140
Business and industry, Indians, Penalties.
25 CFR Part 141
Business and industry, Credit, Indians--business and finance,
Penalties.
25 CFR Part 211
Geothermal energy, Indians--lands, Mineral resources, Mines, Oil
and gas exploration, Reporting and recordkeeping requirements.
25 CFR Part 213
Indians--lands, Mineral resources, Mines, Oil and gas exploration,
Reporting and recordkeeping requirements.
25 CFR Part 225
Geothermal energy, Indians--lands, Mineral resources, Mines, Oil
and gas exploration, Penalties, Reporting and recordkeeping
requirements, Surety bonds.
25 CFR Part 226
Indians--lands.
25 CFR Part 227
Indians--lands, Mineral resources, Mines, Oil and gas exploration,
Reporting and recordkeeping requirements.
25 CFR Part 243
Indians, Livestock.
25 CFR Part 249
Fishing, Indians.
For the reasons given in the preamble, the Department of the
Interior amends chapter I of title 25 Code of Federal Regulations as
follows.
Title 25--Indians
Chapter I--Bureau of Indian Affairs, Department of the Interior
PART 140--LICENSED INDIAN TRADERS
0
1. The authority citation for part 140 is revised to read as follows:
Authority: 5 U.S.C. 301; 18 U.S.C. 437; 25 U.S.C. 2, 9, 261,
262, 264; sec. 5, 19 Stat. 200, sec. 1, 31 Stat. 1066, as amended;
and sec. 701, Pub. L. 114-74, 129 Stat. 599, unless otherwise noted.
Sec. 140.3 [Amended]
0
2. In Sec. 140.3, remove ``$1,453'' and add in its place ``$1,566''
and remove the parenthetical authority citation at the end of the
section.
PART 141--BUSINESS PRACTICES ON THE NAVAJO, HOPI AND ZUNI
RESERVATIONS
0
3. The authority citation for part 141 continues to read as follows:
Authority: 5 U.S.C. 301; 25 U.S.C. 2 and 9; and Sec. 701, Pub.
L. 114-74, 129 Stat. 599, unless otherwise noted.
Sec. 141.50 [Amended]
0
4. In Sec. 141.50, remove ``$1,453'' and add in its place ``$1,566''.
PART 211--LEASING OF TRIBAL LANDS FOR MINERAL DEVELOPMENT
0
5. The authority citation for part 211 continues to read as follows:
Authority: Sec. 4, Act of May 11, 1938 (52 Stat. 347); Act of
August 1, 1956 (70 Stat. 744); 25 U.S.C. 396a-g; 25 U.S.C. 2 and 9;
and Sec. 701, Pub. L. 114-74, 129 Stat. 599, unless otherwise noted.
[[Page 13022]]
Sec. 211.55 [Amended]
0
6. In Sec. 211.55(a), remove ``$1,747'' and add in its place
``$1,882''.
PART 213--LEASING OF RESTRICTED LANDS FOR MEMBERS OF FIVE CIVILIZED
TRIBES, OKLAHOMA, FOR MINING
0
7. The authority citation for part 213 continues to read as follows:
Authority: Sec. 2, 35 Stat. 312; sec. 18, 41 Stat. 426; sec. 1,
45 Stat. 495; sec. 1, 47 Stat. 777; 25 U.S.C. 356; and Sec. 701,
Pub. L. 114-74, 129 Stat. 599. Interpret or apply secs. 3, 11, 35
Stat. 313, 316; sec. 8, 47 Stat. 779, unless otherwise noted.
Sec. 213.37 [Amended]
0
8. In Sec. 213.37, remove ``$1,453'' and add in its place ``$1,566''.
PART 225--OIL AND GAS, GEOTHERMAL, AND SOLID MINERALS AGREEMENTS
0
9. The authority citation for part 225 continues to read as follows:
Authority: 25 U.S.C. 2, 9, and 2101-2108; and Sec. 701, Pub. L.
114-74, 129 Stat. 599.
Sec. 225.37 [Amended]
0
10. In Sec. 225.37(a), remove ``$1,849'' and add in its place
``$1,992''.
PART 226--LEASING OF OSAGE RESERVATION LANDS FOR OIL AND GAS MINING
0
11. The authority citation for part 226 continues to read as follows:
Authority: Sec. 3, 34 Stat. 543; secs. 1, 2, 45 Stat. 1478;
sec. 3, 52 Stat. 1034, 1035; sec. 2(a), 92 Stat. 1660; and Sec. 701,
Pub. L. 114-74, 129 Stat. 599.
Sec. 226.42 [Amended]
0
12. In Sec. 226.42, remove ``$1,037'' and add in its place ``$1,117''.
Sec. 226.43 [Amended]
0
13. In Sec. 226.43:
0
a. Remove ``$103'' wherever it appears and add ``$111'' in its place.
0
b. In paragraph (e), remove ``$207'' and add in its place ``$223''.
0
c. In paragraph (f), remove ``$414'' and add in its place ``$446''.
0
d. In paragraph (g), remove ``$1,037'' and add in its place ``$1,117''.
PART 227--LEASING OF CERTAIN LANDS IN WIND RIVER INDIAN
RESERVATION, WYOMING, FOR OIL AND GAS MINING
0
14. The authority citation for part 227 continues to read as follows:
Authority: Sec. 1, 39 Stat. 519; and Sec. 701, Pub. L. 114-74,
129 Stat. 599, unless otherwise noted.
Sec. 227.24 [Amended]
0
15. In Sec. 227.24, remove ``$1,453'' and add in its place ``$1,566''.
PART 243--REINDEER IN ALASKA
0
16. The authority citation for part 243 continues to read as follows:
Authority: Sec. 12, 50 Stat. 902; 25 U.S.C. 500K; and Sec. 701,
Pub. L. 114-74, 129 Stat. 599.
Sec. 243.8 [Amended]
0
17. In Sec. 243.8(a) introductory text, remove ``$6,852'' and add in
its place ``$7,383''.
PART 249--OFF-RESERVATION TREATY FISHING
0
18. The authority citation for part 249 continues to read as follows:
Authority: 25 U.S.C. 2, and 9; 5 U.S.C. 301; and Sec. 701, Pub.
L. 114-74, 129 Stat. 599, unless otherwise noted.
Sec. 249.6 [Amended]
0
19. In Sec. 249.6(b), remove ``$1,453'' and add in its place
``$1,566''.
Bryan Newland,
Assistant Secretary--Indian Affairs.
[FR Doc. 2023-03995 Filed 3-1-23; 8:45 am]
BILLING CODE 4337-15-P
