Onshore Oil and Gas Operations and Coal Trespass-Annual Civil Penalties Inflation Adjustments, 13982-13984 [2024-03842]
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Federal Register / Vol. 89, No. 38 / Monday, February 26, 2024 / Rules and Regulations
to debit the designated bank account
identified to pay for postage through the
Postal Service account of its choice. The
agreement must have at least the
following elements: Company Name (if
applicable), Name and Title and
Address of the person entering into the
agreement, Contact Information (Phone
Number, Fax Number and eMail
Address as applicable), Date and
Signature (or appropriate electronic
signature evidence) of Agreement,
Customer’s Bank Name, Bank Routing
Number, Account Number and Account
Type (Checking or Savings, Business or
Personal) being agreed to transact upon,
an Attestation that the person
submitting the form is authorized to act
on behalf of the account, and
Termination Date of the Agreement (if
applicable). A revision period until
August 31, 2024, will be provided to
update agreement forms to include the
minimum data elements listed. The
agreement must be stored for at least
two years after termination of the
agreement, must be easily reproducible,
and must be provided electronically to
the Postal Service within three business
days of electronic written request by the
Postal Service in a format that can be
easily and readily used for all NACHA
and ACH related purposes including,
without limitation, audit and defense of
claims. The Postal Service will provide
specific written guidance separately if
requested. Failure to comply may result
in revocation of access to applicable
Postal Service ACH programs.
(4) Credit cards. Unless otherwise
established in a written agreement
between the Postal Service and the
provider, the provider is fully
responsible for its own credit card
compliance.
*
*
*
*
*
(i) * * *
(5) * * *
(ii) * * *
(C) Authorizes the PC Postage
provider to disclose the customer’s
personal information to the Postal
Service, and such other information
retained by the PC Postage provider that
may enable the Postal Service to collect
debts owed to it, and has the proper
authority to disclose such information;
*
*
*
*
*
Sarah Sullivan,
Attorney, Ethics & Legal Compliance.
[FR Doc. 2024–03079 Filed 2–23–24; 8:45 am]
BILLING CODE 7710–12–P
VerDate Sep<11>2014
15:53 Feb 23, 2024
Jkt 262001
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
43 CFR Parts 3160 and 9230
[BLM_HQ_FRN_MO4500177329]
RIN 1004–AE94
Onshore Oil and Gas Operations and
Coal Trespass—Annual Civil Penalties
Inflation Adjustments
Bureau of Land Management,
Interior.
ACTION: Final rule.
AGENCY:
This final rule adjusts the
amounts of civil monetary penalties
contained in the Bureau of Land
Management’s (BLM) regulations
governing onshore oil and gas
operations and coal trespass. This final
rule is required by the Federal Civil
Penalties Inflation Adjustment Act
Improvements Act of 2015 and
consistent with applicable Office of
Management and Budget (OMB)
guidance. The adjustments made by this
final rule constitute the 2024 annual
inflation adjustments and account for
one year of inflation spanning the
period from October 2022 through
October 2023.
DATES: This rule is effective on February
26, 2024.
FOR FURTHER INFORMATION CONTACT: For
information regarding the BLM’s Fluid
Minerals Program, please contact Yvette
Fields, Division Chief, Fluid Minerals
Division, telephone: 204–712–8358;
email: yfields@blm.gov. For information
regarding the BLM’s Solid Minerals
Program, please contact Rebecca Good,
Acting Division Chief, Solid Minerals
Division, telephone: 307–251–3487;
email: rgood@blm.gov.
For questions relating to regulatory
process issues, please contact Stephen
Pollard, Division of Regulatory Affairs,
email: spollard@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.
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:
SUMMARY:
I. Background
II. Calculation of 2024 Adjustments
III. Procedural Requirements
A. Administrative Procedure Act
B. Regulatory Planning and Review
(Executive Orders 12866 and 13563)
C. Regulatory Flexibility Act
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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).
On an annual basis, the 2015 Act
requires agencies to:
1. Adjust the level of civil monetary
penalties for inflation; and
2. Report inflation adjustments in the
Agency Financial Reports as directed by
OMB Circular A–136, or any successor
thereto.
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, on June
28, 2016, 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). In
subsequent years, the BLM has issued
final rules, adjusting the level of civil
monetary penalties for inflation, as
appropriate for 2017 to 2023.
OMB issued Memorandum M–24–07
on December 19, 2023, entitled,
Implementation of Penalty Inflation
Adjustments for 2024, 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 2024 in
accordance with the 2015 Act.
II. Calculation of 2024 Adjustments
In accordance with the 2015 Act and
OMB Memorandum M–24–07, 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
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Federal Register / Vol. 89, No. 38 / Monday, February 26, 2024 / Rules and Regulations
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–24–07, the BLM
divided the October 2023 CPI–U by the
October 2022 CPI–U to calculate the
multiplier. In this case, October 2023
CPI–U (307.671)/October 2022 CPI–U
(298.012) = 1.03241. OMB
Memorandum M–24–07 confirms that
this is the proper multiplier. (OMB
Memorandum M–24–07 at 1.)
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–24–07 (1.03241)
to obtain the adjusted penalty amounts.
CFR citation
43
43
43
43
43
43
CFR
CFR
CFR
CFR
CFR
CFR
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 2024 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.
khammond on DSKJM1Z7X2PROD with RULES
B. Regulatory Planning and Review
(Executive Orders 12866, 14094 and
13563)
Executive Order (E.O.) 12866, as
amended by E.O. 14094, 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–
24–07 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 and to
reduce uncertainty and to use the best,
most innovative, and least burdensome
tools for achieving regulatory ends. E.O.
15:53 Feb 23, 2024
Current
penalty
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
VerDate Sep<11>2014
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:
Description of the penalty
3163.2(b)(1) .......................
3163.2(b)(2) .......................
3163.2(d) ............................
3163.2(e) ............................
3163.2(f) .............................
9239.5–3(f)(1) ....................
Jkt 262001
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
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13983
$1,291
12,924
1,291
25,847
64,618
4,838
Adjusted
penalty
$1,333
13,343
1,333
26,685
66,712
4,995
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
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Federal Register / Vol. 89, No. 38 / Monday, February 26, 2024 / Rules and Regulations
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
(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
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VerDate Sep<11>2014
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Jkt 262001
Steven H. Feldgus,
Principal Deputy Assistant Secretary, Land
and Minerals Management.
[FR Doc. 2024–03842 Filed 2–23–24; 8:45 am]
BILLING CODE 4331–29–P
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.
DEPARTMENT OF TRANSPORTATION
43 CFR Part 9230
[Docket No. FMCSA–2023–0007]
Penalties, Public lands.
Federal Motor Carrier Safety
Administration
49 CFR Part 372
RIN 2126–AC57
For the reasons given in the preamble,
the BLM amends Chapter II of Title 43
of the Code of Federal Regulations as
follows:
Exemption From Operating Authority
Regulations for Providers of
Recreational Activities
PART 3160—ONSHORE OIL AND GAS
OPERATIONS
Federal Motor Carrier Safety
Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Final rule.
1. The authority citation for part 3160
continues to read as follows:
SUMMARY:
■
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
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
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 NEPA.
This action by the Principal Deputy
Assistant Secretary is taken pursuant to
an existing delegation of authority.
[Amended]
2. In § 3163.2:
■ a. In paragraphs (b)(1) and (d), remove
‘‘$1,291’’ and add in its place ‘‘$1,333’’.
■ b. In paragraph (b)(2), remove
‘‘$12,924’’ and add in its place
‘‘$13,343’’.
■ c. In paragraph (e) introductory text,
remove ‘‘$25,847’’ and add in its place
‘‘$26,685’’.
■ d. In paragraph (f) introductory text,
remove ‘‘$64,618’’ and add in its place
‘‘$66,712’’.
■
PART 9230—TRESPASS
3.The authority citation for part 9230
continues to read as follows:
■
Authority: R.S. 2478; 43 U.S.C. 1201.
Subpart 9239—Kinds of Trespass
§ 9239.5–3
[Amended]
4. In § 9239.5–3(f)(1), remove
‘‘$4,838’’ and add in its place ‘‘$4,995’’.
■
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AGENCY:
FMCSA amends its
regulations to implement the statutory
exemption from its operating authority
registration requirements for providers
of recreational activities. The exemption
applies to motor carriers operating a
motor vehicle designed or used to
transport between 9 and 15 passengers
(including the driver), whether operated
alone or with a trailer attached to the
transport vehicle, if the motor vehicle is
operated by a person that provides
recreational activities within a 150 airmile radius of the location at which
passengers initially boarded the motor
vehicle at the beginning of the trip.
FMCSA also defines recreational
activities to clarify the exemption,
adopting, in response to a comment, a
definition modified from that proposed
in the notice of proposed rulemaking
(NPRM).
This final rule is effective April
26, 2024.
Petitions for Reconsideration of this
final rule must be submitted to the
FMCSA Administrator no later than
March 27, 2024.
FOR FURTHER INFORMATION CONTACT: Mr.
Antonio Harris, Registration, Licensing
and Insurance Division, Office of
Research and Registration, FMCSA,
1200 New Jersey Avenue SE,
Washington, DC 20590–0001; (202) 366–
2964; antonio.harris@dot.gov. If you
have questions on viewing or submitting
material to the docket, call Dockets
Operations at (202) 366–9826.
DATES:
E:\FR\FM\26FER1.SGM
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]]>Agencies
[Federal Register Volume 89, Number 38 (Monday, February 26, 2024)]
[Rules and Regulations]
[Pages 13982-13984]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-03842]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
43 CFR Parts 3160 and 9230
[BLM_HQ_FRN_MO4500177329]
RIN 1004-AE94
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 amounts of civil monetary
penalties contained in the Bureau of Land Management's (BLM)
regulations governing onshore oil and gas operations and coal trespass.
This final rule is required by the Federal Civil Penalties Inflation
Adjustment Act Improvements Act of 2015 and consistent with applicable
Office of Management and Budget (OMB) guidance. The adjustments made by
this final rule constitute the 2024 annual inflation adjustments and
account for one year of inflation spanning the period from October 2022
through October 2023.
DATES: This rule is effective on February 26, 2024.
FOR FURTHER INFORMATION CONTACT: For information regarding the BLM's
Fluid Minerals Program, please contact Yvette Fields, Division Chief,
Fluid Minerals Division, telephone: 204-712-8358; email:
[email protected]. For information regarding the BLM's Solid Minerals
Program, please contact Rebecca Good, Acting Division Chief, Solid
Minerals Division, telephone: 307-251-3487; email: [email protected].
For questions relating to regulatory process issues, please contact
Stephen Pollard, 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 2024 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).
On an annual basis, the 2015 Act requires agencies to:
1. Adjust the level of civil monetary penalties for inflation; and
2. Report inflation adjustments in the Agency Financial Reports as
directed by OMB Circular A-136, or any successor thereto.
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, on June 28, 2016, 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). In subsequent years, the BLM has issued final
rules, adjusting the level of civil monetary penalties for inflation,
as appropriate for 2017 to 2023.
OMB issued Memorandum M-24-07 on December 19, 2023, entitled,
Implementation of Penalty Inflation Adjustments for 2024, 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 2024 in
accordance with the 2015 Act.
II. Calculation of 2024 Adjustments
In accordance with the 2015 Act and OMB Memorandum M-24-07, 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
[[Page 13983]]
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-24-07, the BLM divided the October 2023 CPI-U by the
October 2022 CPI-U to calculate the multiplier. In this case, October
2023 CPI-U (307.671)/October 2022 CPI-U (298.012) = 1.03241. OMB
Memorandum M-24-07 confirms that this is the proper multiplier. (OMB
Memorandum M-24-07 at 1.)
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-24-07 (1.03241) 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:
----------------------------------------------------------------------------------------------------------------
Current Adjusted
CFR citation Description of the penalty penalty penalty
----------------------------------------------------------------------------------------------------------------
43 CFR 3163.2(b)(1)........................ Failure to comply.................. $1,291 $1,333
43 CFR 3163.2(b)(2)........................ If corrective action is not taken.. 12,924 13,343
43 CFR 3163.2(d)........................... If transporter fails to permit 1,291 1,333
inspection for documentation.
43 CFR 3163.2(e)........................... Failure to permit inspection, 25,847 26,685
failure to notify.
43 CFR 3163.2(f)........................... False or inaccurate documents; 64,618 66,712
unlawful transfer or purchase.
43 CFR 9239.5-3(f)(1)...................... Coal exploration for commercial 4,838 4,995
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
2024 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, 14094 and
13563)
Executive Order (E.O.) 12866, as amended by E.O. 14094, 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-24-07 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 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
[[Page 13984]]
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 (NEPA)
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 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 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 paragraphs (b)(1) and (d), remove ``$1,291'' and add in its place
``$1,333''.
0
b. In paragraph (b)(2), remove ``$12,924'' and add in its place
``$13,343''.
0
c. In paragraph (e) introductory text, remove ``$25,847'' and add in
its place ``$26,685''.
0
d. In paragraph (f) introductory text, remove ``$64,618'' and add in
its place ``$66,712''.
PART 9230--TRESPASS
0
3.The authority citation for part 9230 continues to read as follows:
Authority: R.S. 2478; 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 ``$4,838'' and add in its place
``$4,995''.
This action by the Principal Deputy Assistant Secretary is taken
pursuant to an existing delegation of authority.
Steven H. Feldgus,
Principal Deputy Assistant Secretary, Land and Minerals Management.
[FR Doc. 2024-03842 Filed 2-23-24; 8:45 am]
BILLING CODE 4331-29-P
