Oil and Gas and Sulfur Operations on the Outer Continental Shelf-Civil Penalty Inflation Adjustment, 17725-17727 [2023-05990]

Download as PDF Federal Register / Vol. 88, No. 57 / Friday, March 24, 2023 / Rules and Regulations Management Staff (HFA–305), Food and Drug Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852, 240–402–7500, between 9 a.m. and 4 p.m., Monday through Friday’’. DEPARTMENT OF THE TREASURY PART 190—DIETARY SUPPLEMENTS Income Taxes 75. The authority citation for part 190 continues to read as follows: CFR Correction ■ Authority: Secs. 201(ff), 301, 402, 413, 701 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(ff), 331, 342, 350b, 371). § 190.6 [Amended] 76. In § 190.6(a), remove ‘‘Office of Nutritional Products, Labeling and Dietary Supplements (HFS–820), Center for Food Safety and Applied Nutrition, Food and Drug Administration, 5001 Campus Dr., College Park, MD 20740’’ and, in its place, add ‘‘Office of Dietary Supplement Programs (HFS–810), Center for Food Safety and Applied Nutrition, Food and Drug Administration, 5001 Campus Dr., College Park, MD 20740’’. ■ Dated: March 13, 2023. Lauren K. Roth, Associate Commissioner for Policy. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT 24 CFR Part 51 Environmental Criteria and Standards BILLING CODE 0099–10–P This rule is being published by the Office of the Federal Register to correct an editorial or technical error that appeared in the most recent annual revision of the Code of Federal Regulations. ■ In Title 26 of the Code of Federal Regulations, Part 1 (§§ 1.641–1.850), revised as of April 1, 2022, amend section 1.704–1T by adding paragraph (b)(2)(iv)(g), reserved paragraphs (b)(2)(iv)(h) through (s), paragraph (b)(3), reserved paragraphs (b)(4) through (6), paragraph (c), and reserved paragraphs (d) through (e), to read as follows: § 1.704–1T Partner’s distributive share (temporary). [FR Doc. 2023–06296 Filed 3–23–23; 8:45 am] BILLING CODE 0099–10–P CFR Correction This rule is being published by the Office of the Federal Register to correct an editorial or technical error that appeared in the most recent annual revision of the Code of Federal Regulations. ■ In Title 24 of the Code of Federal Regulations, Parts 0 to 199, revised as of April 1, 2022, in section 51.201, reinstate the definition of ‘‘Hazardous substances’’ to read as follows: Definitions. * * * * * Hazardous substances—means petroleum products (petrochemicals) and chemicals that can produce blast overpressure or thermal radiation levels in excess of the standards set forth in § 51.203. A specific list of hazardous substance is found in appendix I to this subpart. * * * * * DEPARTMENT OF THE TREASURY Alcohol and Tobacco Tax and Trade Bureau 27 CFR Part 19 Distilled Spirits Plants CFR Correction This rule is being published by the Office of the Federal Register to correct an editorial or technical error that appeared in the most recent annual revision of the Code of Federal Regulations. ■ In Title 27 of the Code of Federal Regulations, Parts 1 to 39, revised as of April 1, 2022, in section 19.230, in paragraph (d), reinstate the text as the third sentence to read as follows: [FR Doc. 2023–06294 Filed 3–23–23; 8:45 am] § 19.230 Conditions requiring prepayment of taxes. BILLING CODE 0099–10–P * VerDate Sep<11>2014 16:01 Mar 23, 2023 Jkt 259001 PO 00000 * * Frm 00047 (d) * * * The proprietor must prepay the tax to the extent that a withdrawal would cause the outstanding tax liability to exceed the limits of coverage under the bond. * * * * * * * * [FR Doc. 2023–06295 Filed 3–23–23; 8:45 am] * * * * (g) For further guidance, see § 1.704– 1(b)(2)(iv)(g) through (s). (h) through (s) [Reserved] (3) For further guidance, see § 1.704– 1(b)(3) through (6). (4) through (6) [Reserved] (c) For further guidance, see § 1.704– 1(c) through (e). (d) through (e) [Reserved] * * * * * BILLING CODE 4164–01–P lotter on DSK11XQN23PROD with RULES1 26 CFR Part 1 * [FR Doc. 2023–05418 Filed 3–23–23; 8:45 am] § 51.201 Internal Revenue Service 17725 * Fmt 4700 * Sfmt 4700 DEPARTMENT OF THE INTERIOR Bureau of Safety and Environmental Enforcement 30 CFR Part 250 [Docket ID: BSEE–2023–0001; 234E1700D2; ETISF0000.EAQ000 EEEE500000] RIN 1014–AA58 Oil and Gas and Sulfur Operations on the Outer Continental Shelf—Civil Penalty Inflation Adjustment Bureau of Safety and Environmental Enforcement, Interior. ACTION: Final rule. AGENCY: This final rule adjusts the level of the maximum daily civil monetary penalty contained in the Bureau of Safety and Environmental Enforcement (BSEE) regulations for violations of the Outer Continental Shelf Lands Act (OCSLA), in accordance with the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (FCPIA of 2015) and Office of Management and Budget (OMB) guidance. The civil penalty inflation adjustment, using a 1.07745 multiplier, accounts for one year of inflation based on the Consumer Price Index for all Urban Consumers (CPI–U) spanning from October 2021 to October 2022. DATES: This rule is effective on March 24, 2023. FOR FURTHER INFORMATION CONTACT: Janine Marie Tobias, Safety and Enforcement Division, Bureau of Safety and Environmental Enforcement, (202) 208–4657 or by email: regs@bsee.gov. SUPPLEMENTARY INFORMATION: SUMMARY: I. Background and Legal Authority The OCSLA, at 43 U.S.C. 1350(b)(1), directs the Secretary of the Interior (Secretary) to adjust the OCSLA maximum daily civil penalty amount at least once every three years to reflect any increase in the CPI–U to account for inflation. On November 2, 2015, the President signed into law the FCPIA of 2015 (Sec. 701 of Pub. L. No. 114–74), which required Federal agencies to adjust the level of civil monetary penalties found in their regulations with an initial ‘‘catch-up’’ adjustment E:\FR\FM\24MRR1.SGM 24MRR1 17726 Federal Register / Vol. 88, No. 57 / Friday, March 24, 2023 / Rules and Regulations lotter on DSK11XQN23PROD with RULES1 through rulemaking, if warranted, and then to 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. Agencies were required to publish the first annual inflation adjustments in the Federal Register by no later than January 15, 2017, and must publish recurring annual inflation adjustments by no later than January 15 of each subsequent year. BSEE last updated the maximum daily civil penalty amounts in BSEE’s regulations for OCSLA violations by a final rule published and effective on February 24, 2022. (See 87 FR 10306). Consistent with OMB guidance, BSEE’s final rule implemented the inflation adjustments required by the FCPIA of 2015 through October 2021. The OMB Memorandum M–23–05 (Implementation of Penalty Inflation Adjustments for 2023, Pursuant to the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015; available at https:// www.whitehouse.gov/wp-content/ uploads/2022/12/M-23-05-CMP-CMPGuidance.pdf) explains agency responsibilities for: identifying applicable penalties and performing the annual adjustment; publishing revisions to regulations to implement the adjustment in the Federal Register; applying adjusted penalty levels; and performing agency oversight of inflation adjustments. BSEE is promulgating this 2023 inflation adjustment for the OCSLA maximum daily civil penalties as a final rule pursuant to the provisions of the FCPIA of 2015 and OMB’s guidance. A proposed rule is not required because the FCPIA of 2015 expressly exempted the annual inflation adjustments implemented pursuant to the FCPIA of 2015 from the pre-promulgation notice and comment requirements of the Administrative Procedure Act, 5 U.S.C. 553 et seq. (the APA), allowing those adjustments to be published as final rules. Specifically, the FCPIA of 2015 states that agencies shall adjust civil monetary penalties ‘‘notwithstanding Section 553 of the Administrative Procedure Act.’’ (FCPIA of 2015 at § 4(b)(2)). This interpretation of the FCPIA of 2015 is confirmed by OMB Memorandum M–23–05 at 3–4 (‘‘This means that the public procedure the APA generally requires—notice, an opportunity for comment, and a delay in effective date—is not required for agencies to issue regulations implementing the annual adjustment.’’). II. Calculations of Adjustments of This Rule In accordance with the FCPIA of 2015 and the guidance provided in OMB Memorandum M–23–05, BSEE has calculated the necessary inflation adjustment for the maximum daily civil monetary penalty amount in 30 CFR 250.1403 for violations of OCSLA. The previous OCSLA civil penalty inflation adjustment accounted for inflation through October 2021. The required annual civil penalty inflation adjustment promulgated through this rule accounts for inflation through October 2022. Current maximum penalty CFR citation Description of the penalty 30 CFR 250.1403 ................... Failure to comply per-day, per-violation ................................. This rulemaking does not address any updates to the civil penalties related to Federal Oil and Gas Royalty Management Act (FOGRMA) violations. Per 86 FR 34132, BSEE regulations at 30 CFR part 250 Subpart N addressing maximum FOGRMA civil penalties (30 CFR 250.1453) cross-reference regulations of the Office of Natural Resources Revenue (ONRR) at 30 CFR 1251.52 that set maximum daily civil penalty amounts for FOGRMA violations that are not timely corrected. Please refer to the cross-referenced ONRR regulations for the most up to date FOGRMA civil penalty amounts. VerDate Sep<11>2014 16:01 Mar 23, 2023 Jkt 259001 III. Procedural Requirements A. Regulatory Planning and Review (E.O. 12866 and 13563) Executive Order (E.O.) 12866 provides that the OMB Office of Information and Regulatory Affairs (OIRA) will review all significant rules. OIRA has determined that this rule is not significant. (See OMB Memorandum M– 23–05 at 3). E.O. 13563 reaffirms the principles of E.O. 12866 while calling for improvements in the Nation’s regulatory system to promote predictability, to reduce uncertainty, and to use the best, most innovative, and least burdensome tools for achieving regulatory ends. E.O. PO 00000 Frm 00048 Fmt 4700 Sfmt 4700 Annual inflation adjustments are based on the percent change between the CPI–U for the October preceding the date of the adjustment and the prior year’s October CPI–U. Consistent with the guidance in OMB Memorandum M– 23–05, BSEE divided the October 2022 CPI–U by the October 2021 CPI–U to calculate the multiplying factor. In this case, the October 2022 CPI–U (298.012) divided by the October 2021 CPI–U (276.589) is 1.07745. OMB Memorandum M–23–05 confirms that this is the proper multiplier. (OMB Memorandum M–23–05 at 1, n.4). The FCPIA of 2015 requires that BSEE adjust the OCSLA maximum daily civil penalty amount for inflation using the applicable 2023 multiplier (1.07745). Accordingly, BSEE multiplied the existing OCSLA maximum daily civil penalty amount ($48,862) by 1.07745 to arrive at the new maximum daily civil penalty amount ($52,646.36). The FCPIA of 2015 requires that the resulting amount be rounded to the nearest $1.00 at the end of the calculation process. Accordingly, the adjusted OCSLA maximum daily civil penalty for 2023 is $52,646. The adjusted penalty levels take effect immediately upon publication of this rule. Pursuant to the FCPIA of 2015, the increase in the OCSLA maximum daily civil penalty amount applies to civil penalties assessed after the date the increase takes effect, even when the associated violation(s) predates such increase. Consistent with the provisions of OCSLA and the FCPIA of 2015, this rule adjusts the following maximum civil monetary penalty per day per violation as follows: $48,862 Multiplier 1.07745 Adjusted maximum penalty $52,646 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 further emphasizes that regulations must be based on the best available science and that the rulemaking process must allow for public participation and an open exchange of ideas. We have developed this rule in a manner consistent with these requirements, to the extent permitted by statute. E:\FR\FM\24MRR1.SGM 24MRR1 Federal Register / Vol. 88, No. 57 / Friday, March 24, 2023 / Rules and Regulations B. 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 FCPIA of 2015 expressly exempts these annual inflation adjustments from the requirement to publish a proposed rule for notice and comment. (See FCPIA of 2015 at § 4(b)(2); OMB Memorandum M–23–05 at 3–4). Thus, the RFA does not apply to this rulemaking. C. Congressional Review Act/Small Business Regulatory Enforcement Fairness Act This rule is not a major rule under 5 U.S.C. 804(2), the Congressional Review Act/Small Business Regulatory Enforcement Fairness Act. This rule: (1) Does not have an annual effect on the economy of $100 million or more; (2) Will not cause a major increase in costs or prices for consumers, individual industries, Federal, State, or local government agencies, or geographic regions; and (3) 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. 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. Therefore, a statement containing the information required by the Unfunded Mandates Reform 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. Therefore, a takings implication assessment is not required. lotter on DSK11XQN23PROD with RULES1 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. To the extent that State and local governments have a role in Outer Continental Shelf activities, this rule will not affect that role. VerDate Sep<11>2014 16:01 Mar 23, 2023 Jkt 259001 Therefore, a federalism summary impact statement is not required. G. Civil Justice Reform (E.O. 12988) This rule complies with the requirements of E.O. 12988. Specifically, this rule: (1) 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 (2) 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 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 of the Interior’s consultation policy, under Departmental Manual Part 512 Chapters 4 and 5, and under the criteria in E.O. 13175. We have determined that it has no substantial direct effects on Federallyrecognized Indian Tribes or Alaska Native Claims Settlement Act (ANCSA) Corporations, and that consultation under the Department of the Interior’s Tribal and ANCSA consultation policies is not required. I. Paperwork Reduction Act This rule does not contain information collection requirements, and a submission to the OMB under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.) is not required. J. National Environmental Policy Act This rule does not constitute a major Federal action under the National Environmental Policy Act of 1969 (NEPA) because of the non-discretionary nature of the civil penalty adjustment as required by law (see 40 CFR 1508.1(q)(1)(ii)). The FCPIA of 2015 requires BSEE to annually adjust the amounts of its civil penalties to account for inflation as measured by the Department of Labor’s Consumer Price Index. Accordingly, BSEE has no discretion in the execution of the civil penalty adjustments reflected in this final rule. Because this rule is not a major Federal action, it is not subject to the requirements of NEPA. Even if this were a discretionary action subject to NEPA, which it is not, a detailed statement under NEPA would nevertheless not be required because, as PO 00000 Frm 00049 Fmt 4700 Sfmt 4700 17727 a regulation of an administrative nature, this rule would otherwise be covered by a categorical exclusion (see 43 CFR 46.210(i)). BSEE 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. Therefore, a detailed statement under NEPA is not required. K. 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 in 30 CFR Part 250 Administrative practice and procedure, Continental shelf, Environmental impact statements, Environmental protection, Government contracts, Investigations, Oil and gas exploration, Penalties, Pipelines, Continental Shelf—mineral resources, Continental Shelf—rights-of-way, Reporting and recordkeeping requirements, Sulfur. Laura Daniel-Davis, Principal Deputy Assistant Secretary, Land and Minerals Management. For the reasons given in the preamble, the BSEE amends title 30, chapter II, subchapter B, part 250 of the Code of Federal Regulations as follows. PART 250—OIL AND GAS AND SULFUR OPERATIONS IN THE OUTER CONTINENTAL SHELF 1. The authority citation for 30 CFR part 250 continues to read as follows: ■ Authority: 30 U.S.C. 1751, 31 U.S.C. 9701, 33 U.S.C. 1321(j)(1)(C), 43 U.S.C. 1334. 2. Revise § 250.1403 to read as follows: ■ § 250.1403 penalty? What is the maximum civil The maximum civil penalty is $52,646 per day per violation. [FR Doc. 2023–05990 Filed 3–23–23; 8:45 am] BILLING CODE 4310–VH–P DEPARTMENT OF THE TREASURY Office of Foreign Assets Control 31 CFR Part 542 Publication of Syria Web General License 23 Office of Foreign Assets Control, Treasury. AGENCY: E:\FR\FM\24MRR1.SGM 24MRR1

Agencies

[Federal Register Volume 88, Number 57 (Friday, March 24, 2023)]
[Rules and Regulations]
[Pages 17725-17727]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-05990]


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DEPARTMENT OF THE INTERIOR

Bureau of Safety and Environmental Enforcement

30 CFR Part 250

[Docket ID: BSEE-2023-0001; 234E1700D2; ETISF0000.EAQ000 EEEE500000]
RIN 1014-AA58


Oil and Gas and Sulfur Operations on the Outer Continental 
Shelf--Civil Penalty Inflation Adjustment

AGENCY: Bureau of Safety and Environmental Enforcement, Interior.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This final rule adjusts the level of the maximum daily civil 
monetary penalty contained in the Bureau of Safety and Environmental 
Enforcement (BSEE) regulations for violations of the Outer Continental 
Shelf Lands Act (OCSLA), in accordance with the Federal Civil Penalties 
Inflation Adjustment Act Improvements Act of 2015 (FCPIA of 2015) and 
Office of Management and Budget (OMB) guidance. The civil penalty 
inflation adjustment, using a 1.07745 multiplier, accounts for one year 
of inflation based on the Consumer Price Index for all Urban Consumers 
(CPI-U) spanning from October 2021 to October 2022.

DATES: This rule is effective on March 24, 2023.

FOR FURTHER INFORMATION CONTACT: Janine Marie Tobias, Safety and 
Enforcement Division, Bureau of Safety and Environmental Enforcement, 
(202) 208-4657 or by email: [email protected].

SUPPLEMENTARY INFORMATION: 

I. Background and Legal Authority

    The OCSLA, at 43 U.S.C. 1350(b)(1), directs the Secretary of the 
Interior (Secretary) to adjust the OCSLA maximum daily civil penalty 
amount at least once every three years to reflect any increase in the 
CPI-U to account for inflation. On November 2, 2015, the President 
signed into law the FCPIA of 2015 (Sec. 701 of Pub. L. No. 114-74), 
which required Federal agencies to adjust the level of civil monetary 
penalties found in their regulations with an initial ``catch-up'' 
adjustment

[[Page 17726]]

through rulemaking, if warranted, and then to 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. Agencies were required to 
publish the first annual inflation adjustments in the Federal Register 
by no later than January 15, 2017, and must publish recurring annual 
inflation adjustments by no later than January 15 of each subsequent 
year.
    BSEE last updated the maximum daily civil penalty amounts in BSEE's 
regulations for OCSLA violations by a final rule published and 
effective on February 24, 2022. (See 87 FR 10306). Consistent with OMB 
guidance, BSEE's final rule implemented the inflation adjustments 
required by the FCPIA of 2015 through October 2021.
    The OMB Memorandum M-23-05 (Implementation of Penalty Inflation 
Adjustments for 2023, Pursuant to the Federal Civil Penalties Inflation 
Adjustment Act Improvements Act of 2015; available at https://www.whitehouse.gov/wp-content/uploads/2022/12/M-23-05-CMP-CMP-Guidance.pdf) explains agency responsibilities for: identifying 
applicable penalties and performing the annual adjustment; publishing 
revisions to regulations to implement the adjustment in the Federal 
Register; applying adjusted penalty levels; and performing agency 
oversight of inflation adjustments.
    BSEE is promulgating this 2023 inflation adjustment for the OCSLA 
maximum daily civil penalties as a final rule pursuant to the 
provisions of the FCPIA of 2015 and OMB's guidance. A proposed rule is 
not required because the FCPIA of 2015 expressly exempted the annual 
inflation adjustments implemented pursuant to the FCPIA of 2015 from 
the pre-promulgation notice and comment requirements of the 
Administrative Procedure Act, 5 U.S.C. 553 et seq. (the APA), allowing 
those adjustments to be published as final rules. Specifically, the 
FCPIA of 2015 states that agencies shall adjust civil monetary 
penalties ``notwithstanding Section 553 of the Administrative Procedure 
Act.'' (FCPIA of 2015 at Sec.  4(b)(2)). This interpretation of the 
FCPIA of 2015 is confirmed by OMB Memorandum M-23-05 at 3-4 (``This 
means that the public procedure the APA generally requires--notice, an 
opportunity for comment, and a delay in effective date--is not required 
for agencies to issue regulations implementing the annual 
adjustment.'').

II. Calculations of Adjustments of This Rule

    In accordance with the FCPIA of 2015 and the guidance provided in 
OMB Memorandum M-23-05, BSEE has calculated the necessary inflation 
adjustment for the maximum daily civil monetary penalty amount in 30 
CFR 250.1403 for violations of OCSLA. The previous OCSLA civil penalty 
inflation adjustment accounted for inflation through October 2021. The 
required annual civil penalty inflation adjustment promulgated through 
this rule accounts for inflation through October 2022.
    Annual inflation adjustments are based on the percent change 
between the CPI-U for the October preceding the date of the adjustment 
and the prior year's October CPI-U. Consistent with the guidance in OMB 
Memorandum M-23-05, BSEE divided the October 2022 CPI-U by the October 
2021 CPI-U to calculate the multiplying factor. In this case, the 
October 2022 CPI-U (298.012) divided by the October 2021 CPI-U 
(276.589) is 1.07745. OMB Memorandum M-23-05 confirms that this is the 
proper multiplier. (OMB Memorandum M-23-05 at 1, n.4).
    The FCPIA of 2015 requires that BSEE adjust the OCSLA maximum daily 
civil penalty amount for inflation using the applicable 2023 multiplier 
(1.07745). Accordingly, BSEE multiplied the existing OCSLA maximum 
daily civil penalty amount ($48,862) by 1.07745 to arrive at the new 
maximum daily civil penalty amount ($52,646.36). The FCPIA of 2015 
requires that the resulting amount be rounded to the nearest $1.00 at 
the end of the calculation process. Accordingly, the adjusted OCSLA 
maximum daily civil penalty for 2023 is $52,646.
    The adjusted penalty levels take effect immediately upon 
publication of this rule. Pursuant to the FCPIA of 2015, the increase 
in the OCSLA maximum daily civil penalty amount applies to civil 
penalties assessed after the date the increase takes effect, even when 
the associated violation(s) predates such increase. Consistent with the 
provisions of OCSLA and the FCPIA of 2015, this rule adjusts the 
following maximum civil monetary penalty per day per violation as 
follows:

----------------------------------------------------------------------------------------------------------------
                                                                      Current                        Adjusted
             CFR citation                  Description of the         maximum       Multiplier        maximum
                                                 penalty              penalty                         penalty
----------------------------------------------------------------------------------------------------------------
30 CFR 250.1403.......................  Failure to comply per-           $48,862         1.07745         $52,646
                                         day, per-violation.
----------------------------------------------------------------------------------------------------------------

    This rulemaking does not address any updates to the civil penalties 
related to Federal Oil and Gas Royalty Management Act (FOGRMA) 
violations. Per 86 FR 34132, BSEE regulations at 30 CFR part 250 
Subpart N addressing maximum FOGRMA civil penalties (30 CFR 250.1453) 
cross-reference regulations of the Office of Natural Resources Revenue 
(ONRR) at 30 CFR 1251.52 that set maximum daily civil penalty amounts 
for FOGRMA violations that are not timely corrected. Please refer to 
the cross-referenced ONRR regulations for the most up to date FOGRMA 
civil penalty amounts.

III. Procedural Requirements

A. Regulatory Planning and Review (E.O. 12866 and 13563)

    Executive Order (E.O.) 12866 provides that the OMB Office of 
Information and Regulatory Affairs (OIRA) will review all significant 
rules. OIRA has determined that this rule is not significant. (See OMB 
Memorandum M-23-05 at 3).
    E.O. 13563 reaffirms the principles of E.O. 12866 while calling for 
improvements in the Nation's regulatory system to promote 
predictability, to reduce uncertainty, and to use the best, most 
innovative, and least burdensome tools for achieving regulatory ends. 
E.O. 13563 directs agencies to consider regulatory approaches that 
reduce burdens and maintain flexibility and freedom of choice for the 
public where these approaches are relevant, feasible, and consistent 
with regulatory objectives. E.O. 13563 further emphasizes that 
regulations must be based on the best available science and that the 
rulemaking process must allow for public participation and an open 
exchange of ideas. We have developed this rule in a manner consistent 
with these requirements, to the extent permitted by statute.

[[Page 17727]]

B. 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 FCPIA of 2015 expressly exempts these 
annual inflation adjustments from the requirement to publish a proposed 
rule for notice and comment. (See FCPIA of 2015 at Sec.  4(b)(2); OMB 
Memorandum M-23-05 at 3-4). Thus, the RFA does not apply to this 
rulemaking.

C. Congressional Review Act/Small Business Regulatory Enforcement 
Fairness Act

    This rule is not a major rule under 5 U.S.C. 804(2), the 
Congressional Review Act/Small Business Regulatory Enforcement Fairness 
Act. This rule:
    (1) Does not have an annual effect on the economy of $100 million 
or more;
    (2) Will not cause a major increase in costs or prices for 
consumers, individual industries, Federal, State, or local government 
agencies, or geographic regions; and
    (3) 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.

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. Therefore, a 
statement containing the information required by the Unfunded Mandates 
Reform 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. Therefore, 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. To the extent that State and local 
governments have a role in Outer Continental Shelf activities, this 
rule will not affect that role. Therefore, a federalism summary impact 
statement is not required.

G. Civil Justice Reform (E.O. 12988)

    This rule complies with the requirements of E.O. 12988. 
Specifically, this rule:
    (1) 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
    (2) 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 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 of the Interior's consultation policy, under 
Departmental Manual Part 512 Chapters 4 and 5, and under the criteria 
in E.O. 13175. We have determined that it has no substantial direct 
effects on Federally-recognized Indian Tribes or Alaska Native Claims 
Settlement Act (ANCSA) Corporations, and that consultation under the 
Department of the Interior's Tribal and ANCSA consultation policies is 
not required.

I. Paperwork Reduction Act

    This rule does not contain information collection requirements, and 
a submission to the OMB under the Paperwork Reduction Act (44 U.S.C. 
3501 et seq.) is not required.

J. National Environmental Policy Act

    This rule does not constitute a major Federal action under the 
National Environmental Policy Act of 1969 (NEPA) because of the non-
discretionary nature of the civil penalty adjustment as required by law 
(see 40 CFR 1508.1(q)(1)(ii)). The FCPIA of 2015 requires BSEE to 
annually adjust the amounts of its civil penalties to account for 
inflation as measured by the Department of Labor's Consumer Price 
Index. Accordingly, BSEE has no discretion in the execution of the 
civil penalty adjustments reflected in this final rule. Because this 
rule is not a major Federal action, it is not subject to the 
requirements of NEPA. Even if this were a discretionary action subject 
to NEPA, which it is not, a detailed statement under NEPA would 
nevertheless 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)). BSEE 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. Therefore, a detailed statement under NEPA is not required.

K. 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 in 30 CFR Part 250

    Administrative practice and procedure, Continental shelf, 
Environmental impact statements, Environmental protection, Government 
contracts, Investigations, Oil and gas exploration, Penalties, 
Pipelines, Continental Shelf--mineral resources, Continental Shelf--
rights-of-way, Reporting and recordkeeping requirements, Sulfur.

Laura Daniel-Davis,
Principal Deputy Assistant Secretary, Land and Minerals Management.

    For the reasons given in the preamble, the BSEE amends title 30, 
chapter II, subchapter B, part 250 of the Code of Federal Regulations 
as follows.

PART 250--OIL AND GAS AND SULFUR OPERATIONS IN THE OUTER 
CONTINENTAL SHELF

0
1. The authority citation for 30 CFR part 250 continues to read as 
follows:

    Authority:  30 U.S.C. 1751, 31 U.S.C. 9701, 33 U.S.C. 
1321(j)(1)(C), 43 U.S.C. 1334.


0
2. Revise Sec.  250.1403 to read as follows:


Sec.  250.1403  What is the maximum civil penalty?

    The maximum civil penalty is $52,646 per day per violation.

[FR Doc. 2023-05990 Filed 3-23-23; 8:45 am]
BILLING CODE 4310-VH-P
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