Oil and Gas and Sulfur Operations on the Outer Continental Shelf-Civil Penalty Inflation Adjustment, 18540-18543 [2024-05451]

Download as PDF 18540 Federal Register / Vol. 89, No. 51 / Thursday, March 14, 2024 / Rules and Regulations VI. Regulatory Flexibility Act The Regulatory Flexibility Act (RFA; 5 U.S.C. 601–612) generally requires agencies to review proposed and final rules for their potential economic impact on small entities, including small businesses, and prepare regulatory flexibility analyses. 5 U.S.C. 603, 604. The RFA applies to any rule that is subject to notice and comment procedures under section 553 of the APA. Id. As discussed in section IV. of this preamble, the Commission has determined that notice and the opportunity to comment are unnecessary for this rule. Therefore, the RFA does not apply. CPSC also notes the limited nature of this document, which merely updates the GDO rule to conform the regulation to the applicable changes made to UL 325 that were previously accepted by the Commission in June 2023 under the Improvement Act. VII. Preemption Section 203(f) of the Improvement Act contains a preemption provision providing that those provisions of laws of States or political subdivisions which relate to the labeling of automatic residential garage door openers and those provisions which do not provide at least the equivalent degree of protection from the risk of injury associated with automatic residential garage door openers as the consumer product safety rule are subject to preemption under 15 U.S.C. 2075. 15 U.S.C. 2056 Note. ddrumheller on DSK120RN23PROD with RULES1 VIII. Environmental Considerations Commission rules are categorically excluded from any requirement to prepare an environmental assessment or an environmental impact statement where they ‘‘have little or no potential for affecting the human environment.’’ 16 CFR 1021.5(c). This rule falls within the categorical exclusion, so no environmental assessment or environmental impact statement is required. IX. Congressional Review Act The Congressional Review Act (CRA; 5 U.S.C. 801–808) states that before a rule may take effect, the agency issuing the rule must submit the rule, and certain related information, to each House of Congress and the Comptroller General. 5 U.S.C. 801(a)(1). The CRA submission must indicate whether the rule is a ‘‘major rule.’’ The CRA states that the Office of Information and Regulatory Affairs determines whether a rule qualifies as a ‘‘major rule.’’ 5 U.S.C. 804(2). Pursuant to the CRA, OMB’s Office of Information and Regulatory VerDate Sep<11>2014 15:56 Mar 13, 2024 Jkt 262001 Affairs has determined that this rule does not qualify as a ‘‘major rule,’’ as defined in 5 U.S.C. 804(2). To comply with the CRA, CPSC will submit the required information to each House of Congress and the Comptroller General. List of Subjects in 16 CFR Part 1211 Consumer protection, Imports, Labeling, Reporting and recordkeeping requirements. For the reasons set forth in the preamble, the Commission amends 16 CFR part 1211 as follows: PART 1211—SAFETY STANDARDS FOR AUTOMATIC RESIDENTIAL GARAGE DOOR OPERATORS 1. The authority citation for part 1211 is revised to read as follows: ■ Authority: 15 U.S.C. 2056 Note; 15 U.S.C. 2063 and 2065. Subpart A—[Amended] 2. Amend § 1211.11 by revising paragraphs (b) and (d)(2) to read as follows: ■ § 1211.11 sensors. Requirements for photoelectric * * * * * (b) Normal operation test— Horizontally moving door. When installed as described in § 1211.10(a)(1) through (4), a photoelectric sensor of a horizontally moving door shall be tested per paragraph (c) of this section that is to be placed on a level surface within the path of the moving door. The sensor is to be tested with the obstruction at a total of five different locations over the height of the door. The locations shall include distances 1 in (25.4 mm) from each end, 1 ft (305 mm) from each end, and the midpoint. * * * * * (d) * * * (2) The moving object is to consist of a 17⁄8 inch (47.6 mm) diameter cylindrical rod, 341⁄2 inches (876 mm) long, with the axis point being 34 inches (864 mm) from the end. The axis point is to be fixed at a point centered directly above the beam of the photoelectric sensor 36 inches (914 mm) above the level surface below the door. The rod is to be swung as a pendulum through the photoelectric sensor’s beam from a position 45 degrees from the plane of the door when in the closed position. See figure 4 to this subpart. * * * * * 3. Amend § 1211.12 by revising paragraphs (a)(4)(i) introductory text, (a)(4)(i)(B), and (b) to read as follows: ■ PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 § 1211.12 Requirements for edge sensors. (a) * * * (4)(i) An edge sensor, when installed on a representative door, shall actuate upon the application of a 15 lbf (66.7 N) or less force in the direction of the application when tested at room temperature 25 °C ± 2 °C (77 °F ± 3.6 °F) and, additionally, when intended for use exposed to outdoor temperature, shall actuate at 40 lbf (177.9 N) or less force when tested at ¥35 °C ± 2 °C (¥31 °F ± 3.6 °F). * * * * * (B) For an edge sensor intended to be used on a one-piece door, or swinging door, the force is to be applied so that the axis is at an angle 30 degrees from the direction perpendicular to the plane of the door. See figures 6C and 6D to this subpart. * * * * * (b) Endurance test. An edge sensor system and associated components shall withstand 30,000 cycles of mechanical operation without failure. For this test, the edge sensor is to be cycled by the repetitive application of the force as described in paragraph (a)(4)(i) of this section except with a 15lbf (66.7 N) or greater, and at room temperature only. The force is to be applied to the same location for the entire test. All intended uses are to be tested. For an edge sensor system employing integral electric contact strips, this test shall be conducted with the contacts connected to a load no less severe than it controls in the operator. For the last 50 cycles of operation, the sensor shall function as intended when connected to an operator. After the 30,000 cycle test the normal operation test shall be repeated. * * * * * Alberta E. Mills, Secretary, U.S. Consumer Product Safety Commission. [FR Doc. 2024–05281 Filed 3–13–24; 8:45 am] BILLING CODE 6355–01–P DEPARTMENT OF THE INTERIOR Bureau of Safety and Environmental Enforcement 30 CFR Part 250 [Docket ID: BSEE–2024–0001; EEEE500000 245E1700D2 ET1SF0000.EAQ000] RIN 1014–AA61 Oil and Gas and Sulfur Operations on the Outer Continental Shelf—Civil Penalty Inflation Adjustment Bureau of Safety and Environmental Enforcement, Interior. AGENCY: E:\FR\FM\14MRR1.SGM 14MRR1 Federal Register / Vol. 89, No. 51 / Thursday, March 14, 2024 / Rules and Regulations ACTION: Final rule. 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 and Office of Management and Budget (OMB) guidance. The civil penalty inflation adjustment, using a 1.03241 multiplier, accounts for one year of inflation based on the Consumer Price Index spanning from October 2022 to October 2023. DATES: This rule is effective on March 14, 2024. 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 ddrumheller on DSK120RN23PROD with RULES1 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 Consumer Price Index to account for inflation. 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) (FCPIA). The FCPIA required Federal agencies to adjust the level of civil monetary penalties found in their regulations with an initial ‘‘catch-up’’ adjustment 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 March 24, 2023 (See 88 FR 17725). Consistent with OMB guidance, BSEE’s final rule implemented the inflation adjustments required by the FCPIA through October 2022. The OMB Memorandum M–24–07 (Implementation of Penalty Inflation Adjustments for 2024, Pursuant to the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015; available at https:// www.whitehouse.gov/wp-content/ uploads/2023/12/M-24-07Implementation-of-Penalty-InflationAdjustments-for-2024.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 2024 inflation adjustment for the OCSLA maximum daily civil penalties as a final rule pursuant to the provisions of the FCPIA and OMB’s guidance. A proposed rule is not required because the FCPIA expressly exempted the annual inflation adjustments implemented pursuant to the FCPIA from the pre-promulgation notice and comment requirements of the Administrative Procedure Act (APA), 5 U.S.C. 553, allowing those adjustments to be published directly as final rules. Specifically, the FCPIA 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 is confirmed by OMB Memorandum M–24–07 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. Calculation of Adjustments In accordance with the FCPIA and the guidance provided in OMB 18541 Memorandum M–24–07, 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 2022. The required annual civil penalty inflation adjustment promulgated through this rule accounts for inflation through October 2023. Annual inflation adjustments are based on the percent 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 the guidance in OMB Memorandum M–24–07, BSEE divided the October 2023 CPI–U by the October 2022 CPI–U to calculate the multiplying factor. In this case, the October 2023 CPI–U (307.671) divided by the October 2022 CPI–U (298.012) is 1.03241. OMB Memorandum M–24–07 confirms that this is the proper multiplier (OMB Memorandum M–24–07 at 1 n.4). The FCPIA requires that BSEE adjust the OCSLA maximum daily civil penalty amount for inflation using the applicable 2024 multiplier (1.03241). Accordingly, BSEE multiplied the existing OCSLA maximum daily civil penalty amount ($52,646) by 1.03241 to arrive at the new maximum daily civil penalty amount ($54,352.26). The FCPIA 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 2024 is $54,352. The adjusted penalty levels take effect immediately upon publication of this rule. Pursuant to the FCPIA, 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, this rule adjusts the following maximum civil monetary penalty per day per violation as follows: CFR citation Description of the penalty Current maximum penalty Multiplier Adjusted maximum penalty 30 CFR 250.1403 ....................... Failure to comply per-day, per-violation ......................................... $52,646 1.03241 $54,352 This rulemaking does not address any updates to the civil penalties related to Federal Oil and Gas Royalty VerDate Sep<11>2014 15:56 Mar 13, 2024 Jkt 262001 Management Act (FOGRMA) violations. Per 86 FR 34132, BSEE regulations at 30 CFR part 250, subpart N, addressing PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 maximum FOGRMA civil penalties (30 CFR 250.1453) cross-reference regulations of the Office of Natural E:\FR\FM\14MRR1.SGM 14MRR1 18542 Federal Register / Vol. 89, No. 51 / Thursday, March 14, 2024 / Rules and Regulations 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, 14094 and 13563) Executive Order (E.O.) 12866, as amended by E.O. 14094, 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– 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, 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. ddrumheller on DSK120RN23PROD with RULES1 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 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–24–07 at 4). Thus, the RFA does not apply to this rulemaking. C. Small Business Regulatory Enforcement Fairness Act This rule is not a major rule under 5 U.S.C. 804(2), the Small Business Regulatory Enforcement Fairness Act. This rule: (1) Does not have an annual effect on the economy of $100 million or more; VerDate Sep<11>2014 15:56 Mar 13, 2024 Jkt 262001 (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. 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. D. Unfunded Mandates Reform Act 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. 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 affect 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-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 PO 00000 Frm 00010 Fmt 4700 Sfmt 4700 J. 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 (NEPA) is not required because, as a regulation of an administrative nature, this rule is covered by a categorical exclusion (see 43 CFR 46.210(i)). BSEE also determined that the rule does not implicate any of the extraordinary circumstances listed in 43 CFR 46.215 that would require further analysis under NEPA. 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—mineral resources, Continental Shelf—rights-ofway, Environmental impact statements, Environmental protection, Government contracts, Investigations, Oil and gas exploration, Penalties, Pipelines, Reporting and recordkeeping requirements, Sulfur. This action by the Deputy Assistant Secretary is taken herein pursuant to an existing delegation of authority. Steven H. Feldgus, 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: ■ E:\FR\FM\14MRR1.SGM 14MRR1 Federal Register / Vol. 89, No. 51 / Thursday, March 14, 2024 / Rules and Regulations 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? Dated: March 8, 2024. Lela Anderson, Attorney-Advisor, FR Liaison. BILLING CODE 4810–AS–P The maximum civil penalty is $54,352 per day per violation. DEPARTMENT OF DEFENSE [FR Doc. 2024–05451 Filed 3–13–24; 8:45 am] Office of the Secretary Dated: March 11, 2024. Patricia L. Toppings, OSD Federal Register Liaison Officer, Department of Defense. BILLING CODE 4310–VH–P 32 CFR Part 161 [Docket ID: DOD–2015–OS–0069] DEPARTMENT OF THE TREASURY [FR Doc. 2024–05459 Filed 3–13–24; 8:45 am] RIN 0790–AJ37 BILLING CODE 6001–FR–P Fiscal Service Identification (ID) Cards for Members of the Uniformed Services, Their Dependents, and Other Eligible Individuals; Correction 31 CFR Part 208 [Docket No. Fiscal–2022–0003] RIN 1530–AA27 Office of the Under Secretary of Defense for Personnel and Readiness (OUSD(P&R)), Department of Defense (DoD). ACTION: Final rule; correction. AGENCY: Management of Federal Agency Disbursements; Correction Bureau of the Fiscal Service, Treasury. ACTION: Final rule; correction. AGENCY: The Department of the Treasury (‘‘Treasury’’), Bureau of the Fiscal Service (‘‘Fiscal Service’’) is correcting a final rule that was published in the Federal Register on February 21, 2024, to amend Fiscal Service’s Management of Federal Agency Disbursements regulation. The regulation implements a statutory mandate requiring the Federal Government to deliver non-tax payments by electronic funds transfer (EFT) unless Treasury determines that a waiver of the requirement is appropriate. The final rule strengthens the EFT requirement by narrowing the scope of existing waivers from the EFT mandate or requiring agencies to obtain Fiscal Service’s approval to invoke certain existing waivers. DATES: The final rule is effective March 22, 2024. FOR FURTHER INFORMATION CONTACT: Matthew Helfrich, Management and Program Analyst, Bureau of the Fiscal Service at (215) 806–9616. SUPPLEMENTARY INFORMATION: In 89 FR 12955 (FR Doc 2024–03204), appearing on page 12955 of the Federal Register published February 21, 2024, the following correction is made: ddrumheller on DSK120RN23PROD with RULES1 [Corrected] 1. On page 12960, in the second column, in part 208, instruction 2d is corrected to read: ‘‘Amend § 208.4 by: Revising newly redesignated paragraphs (a)(4) and (a)(7), and adding a sentence at the end of newly redesignated paragraph (a)(8).’’ ■ VerDate Sep<11>2014 15:56 Mar 13, 2024 Jkt 262001 The DoD is correcting a final rule that published in the Federal Register on February 14, 2024. The rule finalized eligibility requirements for ID cards issued to uniformed service members, their dependents, and other DoD individuals. These cards are used for proof of identity, DoD affiliation, and to facilitate accessing DoD benefits. DATES: This final rule correction is effective March 15, 2024. FOR FURTHER INFORMATION CONTACT: Robert Eves at 571–372–1956; email: robert.c.eves.civ@mail.mil. SUPPLEMENTARY INFORMATION: Subsequent to the publication of the final rule on February 14, 2024 (89 FR 11172–11198), it was discovered that a few of the amendatory instructions included mistakes requiring correction. This document corrects those amendatory instructions. In FR Doc. 2024–02621, appearing at 89 FR 11172–11198 in the Federal Register of Wednesday, February 14, 2024, the following corrections are made: ■ 1. On page 11179, in the first column, correction amendatory instruction 4 to read as follows: DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 100 [Docket Number USCG–2024–0206] RIN 1625–AA08 SUMMARY: SUMMARY: § 208.4 21. * * * a. Revising tables 11, 17, 22, 23, 25, 33, 36, and 37 to subpart D of part 161; ■ b. In paragraph (g)(4), removing the words ‘‘USO area executives, center directors, and assistant directors’’ and adding in their place the words ‘‘Fulltime paid personnel of the USO’’; and * * * * * ■ ■ [FR Doc. 2024–05385 Filed 3–13–24; 8:45 am] What is the maximum civil 18543 § 161.5 [Amended] 4. Amend § 161.5 in paragraphs (a)(7) and (h)(8) by removing the words ‘‘FIPS Publication 201–2’’ and adding in their place the words ‘‘FIPS Publication 201– 3’’. ■ § 161.23 [Corrected] 2. On page 11196, in the first column, correct amendatory instructions 21.a. and b. for § 161.23 to read as follows: ■ PO 00000 Frm 00011 Fmt 4700 Sfmt 4700 Special Local Regulation; Mission Bay, San Diego, CA Coast Guard, Department of Homeland Security (DHS). ACTION: Temporary final rule. AGENCY: The Coast Guard is establishing a temporary special local regulation for San Diego Crew Classic that will be held in Mission Bay, San Diego, CA. This action is necessary to provide for the safety of life on these navigable waters during the event. This rule would prohibit spectators from anchoring, blocking, loitering, or transiting through the event area unless authorized by the Captain of the Port San Diego or a designated representative. DATES: This rule is effective from 2:30 p.m. to 5 p.m. on Friday, April 5, 2024. ADDRESSES: To view documents mentioned in this preamble as being available in the docket, go to https:// www.regulations.gov, type USCG–2024– 0202 in the search box and click ‘‘Search.’’ Next, in the Document Type column, select ‘‘Supporting & Related Material.’’ FOR FURTHER INFORMATION CONTACT: If you have questions about this rule, call or email Lieutenant Shelly Turner, Waterways Management, U.S. Coast Guard Sector San Diego, CA; telephone (619) 278–7261, email MarineEventsSD@uscg.mil. SUPPLEMENTARY INFORMATION: SUMMARY: I. Table of Abbreviations CFR E:\FR\FM\14MRR1.SGM Code of Federal Regulations 14MRR1

Agencies

[Federal Register Volume 89, Number 51 (Thursday, March 14, 2024)]
[Rules and Regulations]
[Pages 18540-18543]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-05451]


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DEPARTMENT OF THE INTERIOR

Bureau of Safety and Environmental Enforcement

30 CFR Part 250

[Docket ID: BSEE-2024-0001; EEEE500000 245E1700D2 ET1SF0000.EAQ000]
RIN 1014-AA61


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

AGENCY: Bureau of Safety and Environmental Enforcement, Interior.

[[Page 18541]]


ACTION: Final rule.

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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 and Office of 
Management and Budget (OMB) guidance. The civil penalty inflation 
adjustment, using a 1.03241 multiplier, accounts for one year of 
inflation based on the Consumer Price Index spanning from October 2022 
to October 2023.

DATES: This rule is effective on March 14, 2024.

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 
Consumer Price Index to account for inflation. 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) 
(FCPIA). The FCPIA required Federal agencies to adjust the level of 
civil monetary penalties found in their regulations with an initial 
``catch-up'' adjustment 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 March 24, 2023 (See 88 FR 17725). Consistent with OMB 
guidance, BSEE's final rule implemented the inflation adjustments 
required by the FCPIA through October 2022.
    The OMB Memorandum M-24-07 (Implementation of Penalty Inflation 
Adjustments for 2024, Pursuant to the Federal Civil Penalties Inflation 
Adjustment Act Improvements Act of 2015; available at https://www.whitehouse.gov/wp-content/uploads/2023/12/M-24-07-Implementation-of-Penalty-Inflation-Adjustments-for-2024.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 2024 inflation adjustment for the OCSLA 
maximum daily civil penalties as a final rule pursuant to the 
provisions of the FCPIA and OMB's guidance. A proposed rule is not 
required because the FCPIA expressly exempted the annual inflation 
adjustments implemented pursuant to the FCPIA from the pre-promulgation 
notice and comment requirements of the Administrative Procedure Act 
(APA), 5 U.S.C. 553, allowing those adjustments to be published 
directly as final rules. Specifically, the FCPIA 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 is confirmed by OMB Memorandum M-24-07 
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. Calculation of Adjustments

    In accordance with the FCPIA and the guidance provided in OMB 
Memorandum M-24-07, 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 2022. The 
required annual civil penalty inflation adjustment promulgated through 
this rule accounts for inflation through October 2023.
    Annual inflation adjustments are based on the percent 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 the guidance in OMB Memorandum M-24-07, 
BSEE divided the October 2023 CPI-U by the October 2022 CPI-U to 
calculate the multiplying factor. In this case, the October 2023 CPI-U 
(307.671) divided by the October 2022 CPI-U (298.012) is 1.03241. OMB 
Memorandum M-24-07 confirms that this is the proper multiplier (OMB 
Memorandum M-24-07 at 1 n.4).
    The FCPIA requires that BSEE adjust the OCSLA maximum daily civil 
penalty amount for inflation using the applicable 2024 multiplier 
(1.03241). Accordingly, BSEE multiplied the existing OCSLA maximum 
daily civil penalty amount ($52,646) by 1.03241 to arrive at the new 
maximum daily civil penalty amount ($54,352.26). The FCPIA 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 2024 is $54,352.
    The adjusted penalty levels take effect immediately upon 
publication of this rule. Pursuant to the FCPIA, 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, this rule adjusts the following 
maximum civil monetary penalty per day per violation as follows:

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                                                                           Current                    Adjusted
             CFR citation                 Description of the penalty       maximum     Multiplier      maximum
                                                                           penalty                     penalty
----------------------------------------------------------------------------------------------------------------
30 CFR 250.1403.......................  Failure to comply per-day, per-     $52,646       1.03241       $54,352
                                         violation.
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    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

[[Page 18542]]

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, 14094 and 13563)

    Executive Order (E.O.) 12866, as amended by E.O. 14094, 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-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, 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.

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 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-24-07 at 4). Thus, the RFA does not apply to this 
rulemaking.

C. Small Business Regulatory Enforcement Fairness Act

    This rule is not a major rule under 5 U.S.C. 804(2), the 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 affect 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 significantly 
affecting the quality of the human environment. A detailed statement 
under the National Environmental Policy Act (NEPA) is not required 
because, as a regulation of an administrative nature, this rule is 
covered by a categorical exclusion (see 43 CFR 46.210(i)). BSEE also 
determined that the rule does not implicate any of the extraordinary 
circumstances listed in 43 CFR 46.215 that would require further 
analysis under NEPA. 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--mineral 
resources, Continental Shelf--rights-of-way, Environmental impact 
statements, Environmental protection, Government contracts, 
Investigations, Oil and gas exploration, Penalties, Pipelines, 
Reporting and recordkeeping requirements, Sulfur.

    This action by the Deputy Assistant Secretary is taken herein 
pursuant to an existing delegation of authority.

Steven H. Feldgus,
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:


[[Page 18543]]


    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 $54,352 per day per violation.

[FR Doc. 2024-05451 Filed 3-13-24; 8:45 am]
BILLING CODE 4310-VH-P
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