81 FR 41860 - Onshore Oil and Gas Operations-Civil Penalties Inflation Adjustments

DEPARTMENT OF THE INTERIOR
Bureau of Land Management

Federal Register Volume 81, Issue 124 (June 28, 2016)

Page Range		41860-41862
FR Document		2016-15129

This rule adjusts the level of civil monetary penalties contained in the Bureau of Land Management's regulations governing onshore oil and gas operations as required by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (the ``Act''). The adjustments made by this interim final rule constitute the initial catch-up adjustments contemplated by the Act, and are consistent with applicable Office of Management and Budget (OMB) guidance.

Federal Register, Volume 81 Issue 124 (Tuesday, June 28, 2016)

[Federal Register Volume 81, Number 124 (Tuesday, June 28, 2016)]
[Rules and Regulations]
[Pages 41860-41862]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2016-15129]

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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

43 CFR Part 3160

[16X.LLWO310000.L13100000.PP0000]
RIN 1004-AE46

Onshore Oil and Gas Operations--Civil Penalties Inflation
Adjustments

AGENCY: Bureau of Land Management, Interior.

ACTION: Interim final rule.

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

SUMMARY: This rule adjusts the level of civil monetary penalties
contained in the Bureau of Land Management's regulations governing
onshore oil and gas operations as required by the Federal Civil
Penalties Inflation Adjustment Act Improvements Act of 2015 (the
``Act''). The adjustments made by this interim final rule constitute
the initial catch-up adjustments contemplated by the Act, and are
consistent with applicable Office of Management and Budget (OMB)
guidance.

DATES: As required by the Act, this rule is effective on July 28, 2016.
Comments will be accepted until August 29, 2016.

ADDRESSES: You may submit comments by any of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Search for 1004-AE46 and follow the instructions for submitting
comments.
Mail: Director (630), Bureau of Land Management, U.S.
Department of the Interior, 1849 C St. NW., Washington, DC 20240,
Attention: 1004-AE46.
Hand Delivery, or Courier: U.S. Department of the
Interior, Bureau of Land Management, 20 M St. SE., Room 2134LM,
Attention: Regulatory Affairs, Washington, DC 20003.

FOR FURTHER INFORMATION CONTACT: Steven Wells, Division Chief, Fluid
Minerals Division, 202-912-7143, for information regarding the BLM's
Fluid Minerals Program. For questions relating to regulatory process
issues, please contact Jennifer Noe, Division of Regulatory Affairs, at
202-912-7442. Persons who use a telecommunications device for the deaf
(TDD) may call the Federal Information Relay Service (FIRS) at 1-800-
877-8339, 24 hours a day, seven days a week to contact the above
individuals.

SUPPLEMENTARY INFORMATION:

I. Background
II. Calculation of Adjustment
III. Procedural Requirements
A. Regulatory Planning and Review (E.O. 12866 and 13563)
B. Regulatory Flexibility Act
C. Small Business Regulatory Enforcement Fairness Act
D. Unfunded Mandates Reform Act
E. Takings (E.O. 12630)
F. Federalism (E.O. 13132)
G. Civil Justice Reform (E.O. 12988)
H. Consultation With Indian Tribes (E.O. 13175 and Departmental
Policy)
I. Paperwork Reduction Act
J. National Environmental Policy Act
K. Effects on the Energy Supply (E.O. 13211)
L. Clarity of This Regulation
M. Administrative Procedure Act

I. Background

On November 2, 2015, the President signed the Act into law (Sec.
701 of Pub. L. 114-74). It requires all Federal agencies to review
their existing regulations and adjust the level of civil monetary
penalties found in those regulations for inflation. The Act
contemplates two adjustments--an initial ``catch-up'' adjustment
through rulemaking from the date the penalty in question was
established to present day, and annual adjustments for inflation
thereafter. The purpose of these adjustments is to maintain the
deterrent effect of civil penalties found in existing regulations, in
order to further the policy goals of the underlying statutes. The BLM
has reviewed its existing regulations and determined that only the
civil monetary penalties found at 43 CFR 3163.2 are subject to the
Act's requirements.
Once penalties subject to the Act have been identified, the Act
specifies the formula and format to be used to adjust those amounts.
(Section 701(b)) The adjustments contemplated by the Act are based on
the percent change between the Consumer Price Index for all Urban
Consumers (CPI-U) for the month of October in 1987, the year the
penalties were established by regulation, and the October 2015 CPI-U,
so the catch-up adjustment multiplier is 2.06278 for all penalties. The
Act caps adjustments at 150 percent, and Section 701(b)(1)(D) of the
Act specifically requires that adjustments be promulgated as an interim
final rule. The Act does not provide BLM with discretion with respect
to either of these provisions.
The adjustments made by this interim final rule constitute the
initial ``catch-up'' adjustment contemplated by the Act and subsequent
guidance from OMB, and include the following changes to the penalties
provided by existing regulations:

----------------------------------------------------------------------------------------------------------------
Description of the Current Catchup Adjusted
CFR citation penalty penalty adjustment penalty
----------------------------------------------------------------------------------------------------------------
43 CFR 3163.2(a)............................ Failure to comply. $500 $531 $1,031
43 CFR 3163.2(b)............................ If corrective 5,000 5,314 10,314
action is not
taken.
43 CFR 3163.2(d)............................ If transporter 500 531 1,031
fails to permit
inspection for
documentation.
43 CFR 3163.2(e)............................ Failure to permit 10,000 10,628 20,628
inspection,
failure to notify.
43 CFR 3163.2(f)............................ False or 25,000 26,570 51,570
inaccurate
documents;
unlawful transfer
or purchase.
43 CFR 3163.2(g)(1)......................... Initial penalty 500 531 1,031
under 43 CFR
3163.2(a) for a
major violation.
43 CFR 3163.2(g)(1)......................... Maximum penalty 1,000 1,063 2,063
under 43 CFR
3163.2(a) for a
major violation.
43 CFR 3163.2(g)(1)......................... Initial penalty 5,000 5,314 10,314
under 43 CFR
3163.2(b) for a
major violation.
43 CFR 3163.2(g)(1)......................... Maximum penalty 10,000 10,628 20,628
under 43 CFR
3163.2(b) for a
major violation.
43 CFR 3163.2(g)(1)......................... Penalty under 43 500 531 1,031
CFR 3163.2(d) for
a major violation.
43 CFR 3163.2(g)(1)......................... Penalty under 43 10,000 10,628 20,628
CFR 3163.2(e) for
a major violation.
43 CFR 3163.2(g)(1)......................... Penalty under 43 25,000 26,570 51,570
CFR 3163.2(f) for
a major violation.

[[Page 41861]]

43 CFR 3163.2(g)(2)(iii).................... Initial penalty 50 53 103
under 43 CFR
3163.2(a) for a
minor violation.
43 CFR 3163.2(g)(2)(iii).................... Initial penalty 500 531 1,031
under 43 CFR
3163.2(b) for a
minor violation.
43 CFR 3163.2(g)(2)(iii).................... Maximum penalty 100 106 206
under 43 CFR
3163.2(a) for a
minor violation.
43 CFR 3163.2(g)(2)(iii).................... Maximum penalty 1,000 1,063 2,063
under 43 CFR
3163.2(b) for a
minor violation.
----------------------------------------------------------------------------------------------------------------

II. Calculation of Adjustment

OMB issued guidance on calculating the catch-up adjustment in
accordance with the Act. See February 24, 2016, Memorandum for the
Heads of Executive Departments and Agencies, from Shaun Donovan,
Director, Office of Management and Budget, re: Implementation of the
Federal Civil Penalties Inflation Adjustment Act Improvements Act of
2015. Under this guidance, the Department of the Interior has
identified applicable civil monetary penalties and calculated the
catch-up adjustment. A civil monetary penalty is any assessment with a
dollar amount that is levied for a violation of a Federal civil statute
or regulation, and is assessed or enforceable through a civil action in
Federal court or an administrative proceeding. A civil monetary penalty
does not include a penalty levied for violation of a criminal statute,
or fees for services, licenses, permits, or other regulatory review.
The calculated catch-up adjustment is based on the percent change
between the Consumer Price Index for all Urban Consumers (CPI-U) for
the month of October in the year of the previous adjustment (or in the
year of establishment, if no adjustment has been made) and the October
2015 CPI-U.

III. Procedural Requirements

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

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

B. 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 Act requires agencies to adjust civil
penalties with an initial catch-up adjustment through an interim final
rule. Since an interim final rule does not include first publishing a
proposed rule, the RFA does not apply to this final rule.

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:
(a) Does not have an annual effect on the economy of $100 million
or more.
(b) Will not cause a major increase in costs or prices for
consumers, individual industries, Federal, State, or local government
agencies, or geographic regions.
(c) Does not have significant adverse effects on competition,
employment, investment, productivity, innovation, or the ability of
U.S.-based enterprises to compete with foreign-based enterprises.
This rule will potentially affect individuals and companies who
hold leases on Federal or Indian lands. The BLM believes that the vast
majority of potentially affected entities will be small businesses as
defined by the Small Business Administration. However, the BLM does not
believe the rule will pose a significant economic impact on the
industry, including any small entities, for two reasons. First, any
lessee can avoid being assessed civil penalties by operating in
compliance with BLM rules and regulations. Second, payments for
penalties adjusted as a result of this rule will be negligible compared
with the $23 billion worth of crude oil and natural gas produced from
Federal and Indian leases last year.

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. 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 Executive Order 12630. A takings
implication assessment is not required.

F. Federalism (E.O. 13132)

Under the criteria in section 1 of Executive Order 13132, this rule
does not have sufficient federalism implications to warrant the
preparation of a federalism summary impact statement. A federalism
summary impact statement is not required.

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

This rule complies with the requirements of Executive Order 12988.
Specifically, this rule:
(a) Meets the criteria of section 3(a) requiring that all
regulations be reviewed to eliminate errors and ambiguity and be
written to minimize litigation; and
(b) Meets the criteria of section 3(b)(2) requiring that all
regulations be written in clear language and contain clear legal
standards.

[[Page 41862]]

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's consultation policy and under the criteria
in Executive Order 13175 and have determined that it has no substantial
direct effects on federally recognized Indian tribes and that
consultation under the Department's tribal consultation policy is not
required.

I. 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.

J. National Environmental Policy Act

A detailed statement under the National Environmental Policy Act of
1969 (NEPA) is not required because the rule is covered by a
categorical exclusion. This rule is excluded from the requirement to
prepare a detailed statement because it is a regulation of an
administrative nature. (For further information see 43 CFR 46.210(i).)
We have also determined that the rule does not involve any of the
extraordinary circumstances listed in 43 CFR 46.215 that would require
further analysis under NEPA.

K. Effects on the Energy Supply (E.O. 13211)

This rule is not a significant energy action under the definition
in Executive Order 13211. Therefore, a Statement of Energy Effects is
not required.

L. Clarity of This Regulation

We are required by Executive Orders 12866 (section 1(b)(12)), 12988
(section 3(b)(1)(B)), and 13563 (section 1(a)), and by the Presidential
Memorandum of June 1, 1998, to write all rules in plain language. This
means that each rule we publish must:
(a) Be logically organized;
(b) Use the active voice to address readers directly;
(c) Use common, everyday words and clear language rather than
jargon;
(d) Be divided into short sections and sentences; and
(e) Use lists and tables wherever possible.
If you feel that we have not met these requirements, send us
comments by one of the methods listed in the ADDRESSES section. To
better help us revise the rule, your comments should be as specific as
possible. For example, you should tell us the numbers of the sections
or paragraphs that you find unclear, which sections or sentences are
too long, the sections where you feel lists or tables would be useful.

M. Administrative Procedure Act

The Act requires agencies to publish interim final rules by July 1,
2016, with an effective date for the adjusted penalties no later than
August 1, 2016. To comply with the Act, we are issuing these
regulations as an interim final rule and are requesting comments post-
promulgation. Section 553(b) of the Administrative Procedure Act (APA)
provides that, when an agency for good cause finds that ``notice and
public procedure . . . are impracticable, unnecessary, or contrary to
the public interest,'' the agency may issue a rule without providing
notice and an opportunity for prior public comment.
The BLM is promulgating this rule as an interim final rule because
the Act expressly directs us to do so by July 1, 2016. The BLM also
finds that there is good cause to promulgate this rule without notice
and public procedure for two reasons. First, it would not be possible
to meet the deadlines imposed by the Act if the BLM were first to
publish a proposed rule, allow the public sufficient time to submit
comments, and analyze those comments, before publishing a final rule.
Also, since the Act does not give the BLM any discretion to vary the
amount of the adjustment for any given penalty to reflect any views or
suggestions provided by commenters, it would serve no purpose to
provide an opportunity for pre-promulgation public comment on this
rule. Thus, pre-promulgation notice and public comment is impracticable
and unnecessary.

List of Subjects in 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.

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 is revised to read as follows:

Authority: 25 U.S.C. 396d and 2107; 30 U.S.C. 189, 306, 359, and
1751; 43 U.S.C. 1732(b), 1733, 1740; and Sec. 107, Pub. L. 114-74,
129 Stat. 599, unless otherwise noted.

Subpart 3163--Noncompliance, Assessments, and Penalties

Sec. 3163.2 [Amended]

0
2. In Sec. 3163.2:
0
a. In paragraph (a), remove ``$500'' and add in its place ``$1,031''.
0
b. In paragraph (b), remove ``$5,000'' and add in its place
``$10,314''.
0
c. In paragraph (d), remove ``$500'' and add in its place ``$1,031''.
0
d. In paragraph (e) introductory text, remove ``$10,000'' and add in
its place ``$20,628''.
0
e. In paragraph (f) introductory text, remove ``$25,000'' and add in
its place ``$51,570''.
0
f. In paragraph (g)(1), remove ``$500'' each place that it occurs and
add in its place ``$1,031''; remove ``$5,000'' and add in its place
``$10,314''; remove ``$1,000'' each place that it occurs and add in its
place ``$2,063''; remove ``$10,000'' each place that it occurs and add
in its place ``$20,628''; remove ``$25,000'' and add in its place
``$51,570''.
0
g. In paragraph (g)(2)(iii), remove ``$50'' and add in its place
``$103''; remove ``$500'' and add in its place ``$1,031''; remove
``$100'' and add in its place ``$206''; remove ``$1,000'' and add in
its place ``$2,063''.

Janice M. Schneider,
Assistant Secretary, Land and Minerals Management.
[FR Doc. 2016-15129 Filed 6-27-16; 8:45 am]
BILLING CODE 4310-84-P

Federal Register / Vol. 81, No. 124 / Tuesday, June 28, 2016 / Rules and Regulations 41861

Current Catchup Adjusted
CFR citation Description of the penalty penalty adjustment penalty

43 CFR 3163.2(g)(2)(iii) ............... Initial penalty under 43 CFR 3163.2(a) for a minor viola- 50 53 103
tion.
43 CFR 3163.2(g)(2)(iii) ............... Initial penalty under 43 CFR 3163.2(b) for a minor viola- 500 531 1,031
tion.
43 CFR 3163.2(g)(2)(iii) ............... Maximum penalty under 43 CFR 3163.2(a) for a minor 100 106 206
violation.
43 CFR 3163.2(g)(2)(iii) ............... Maximum penalty under 43 CFR 3163.2(b) for a minor 1,000 1,063 2,063
violation.

II. Calculation of Adjustment and freedom of choice for the public impact on the industry, including any
where these approaches are relevant, small entities, for two reasons. First, any
OMB issued guidance on calculating
feasible, and consistent with regulatory lessee can avoid being assessed civil
the catch-up adjustment in accordance
objectives. E.O. 13563 emphasizes penalties by operating in compliance
with the Act. See February 24, 2016,
further that regulations must be based with BLM rules and regulations.
Memorandum for the Heads of
on the best available science, and that Second, payments for penalties adjusted
Executive Departments and Agencies,
the rulemaking process must allow for as a result of this rule will be negligible
from Shaun Donovan, Director, Office of
public participation and an open compared with the $23 billion worth of
Management and Budget, re:
exchange of ideas. We have developed crude oil and natural gas produced from
Implementation of the Federal Civil
this rule in a manner consistent with Federal and Indian leases last year.
Penalties Inflation Adjustment Act
these requirements.
Improvements Act of 2015. Under this D. Unfunded Mandates Reform Act
guidance, the Department of the Interior B. Regulatory Flexibility Act
has identified applicable civil monetary The Regulatory Flexibility Act (RFA) This rule does not impose an
penalties and calculated the catch-up requires an agency to prepare a unfunded mandate on State, local, or
adjustment. A civil monetary penalty is regulatory flexibility analysis for rules tribal governments, or the private sector
any assessment with a dollar amount unless the agency certifies that the rule of more than $100 million per year. The
that is levied for a violation of a Federal will not have a significant economic rule does not have a significant or
civil statute or regulation, and is impact on a substantial number of small unique effect on State, local, or tribal
assessed or enforceable through a civil entities. The RFA applies only to rules governments or the private sector. A
action in Federal court or an for which an agency is required to first statement containing the information
administrative proceeding. A civil publish a proposed rule. See 5 U.S.C. required by the Unfunded Mandates
monetary penalty does not include a 603(a) and 604(a). The Act requires Reform Act (2 U.S.C. 1531 et seq.) is not
penalty levied for violation of a criminal agencies to adjust civil penalties with an required.
statute, or fees for services, licenses, initial catch-up adjustment through an
permits, or other regulatory review. The interim final rule. Since an interim final E. Takings (E.O. 12630)
calculated catch-up adjustment is based rule does not include first publishing a
on the percent change between the proposed rule, the RFA does not apply This rule does not effect a taking of
Consumer Price Index for all Urban to this final rule. private property or otherwise have
Consumers (CPI–U) for the month of takings implications under Executive
October in the year of the previous C. Small Business Regulatory Order 12630. A takings implication
adjustment (or in the year of Enforcement Fairness Act assessment is not required.
establishment, if no adjustment has This rule is not a major rule under 5
F. Federalism (E.O. 13132)
been made) and the October 2015 CPI– U.S.C. 804(2), the Small Business
U. Regulatory Enforcement Fairness Act. Under the criteria in section 1 of
This rule: Executive Order 13132, this rule does
III. Procedural Requirements (a) Does not have an annual effect on not have sufficient federalism
A. Regulatory Planning and Review the economy of $100 million or more. implications to warrant the preparation
(E.O. 12866 and 13563) (b) Will not cause a major increase in
costs or prices for consumers, of a federalism summary impact
Executive Order 12866 provides that individual industries, Federal, State, or statement. A federalism summary
the Office of Information and Regulatory local government agencies, or impact statement is not required.
Affairs in the Office of Management and geographic regions. G. Civil Justice Reform (E.O. 12988)
Budget will review all significant rules. (c) Does not have significant adverse
The Office of Information and effects on competition, employment, This rule complies with the
Regulatory Affairs has determined that investment, productivity, innovation, or requirements of Executive Order 12988.
this rule is not significant. Executive the ability of U.S.-based enterprises to Specifically, this rule:
Order 13563 reaffirms the principles of compete with foreign-based enterprises. (a) Meets the criteria of section 3(a)
E.O. 12866 while calling for This rule will potentially affect
requiring that all regulations be
asabaliauskas on DSK3SPTVN1PROD with RULES

improvements in the nation’s regulatory individuals and companies who hold
system to promote predictability, to leases on Federal or Indian lands. The reviewed to eliminate errors and
reduce uncertainty, and to use the best, BLM believes that the vast majority of ambiguity and be written to minimize
most innovative, and least burdensome potentially affected entities will be litigation; and
tools for achieving regulatory ends. The small businesses as defined by the (b) Meets the criteria of section 3(b)(2)
executive order directs agencies to Small Business Administration. requiring that all regulations be written
consider regulatory approaches that However, the BLM does not believe the in clear language and contain clear legal
reduce burdens and maintain flexibility rule will pose a significant economic standards.

VerDate Sep<11>2014 16:05 Jun 27, 2016 Jkt 238001 PO 00000 Frm 00075 Fmt 4700 Sfmt 4700 E:\FR\FM\28JNR1.SGM 28JNR1

41862 Federal Register / Vol. 81, No. 124 / Tuesday, June 28, 2016 / Rules and Regulations

H. Consultation With Indian Tribes (e) Use lists and tables wherever PART 3160—ONSHORE OIL AND GAS
(E.O. 13175 and Departmental Policy) possible. OPERATIONS
The Department of the Interior strives If you feel that we have not met these
requirements, send us comments by one ■ 1. The authority citation for part 3160
to strengthen its government-to- is revised to read as follows:
government relationship with Indian of the methods listed in the ADDRESSES
tribes through a commitment to section. To better help us revise the Authority: 25 U.S.C. 396d and 2107; 30
rule, your comments should be as U.S.C. 189, 306, 359, and 1751; 43 U.S.C.
consultation with Indian tribes and 1732(b), 1733, 1740; and Sec. 107, Pub. L.
recognition of their right to self- specific as possible. For example, you
114–74, 129 Stat. 599, unless otherwise
governance and tribal sovereignty. We should tell us the numbers of the noted.
have evaluated this rule under the sections or paragraphs that you find
Department’s consultation policy and unclear, which sections or sentences are Subpart 3163—Noncompliance,
under the criteria in Executive Order too long, the sections where you feel Assessments, and Penalties
13175 and have determined that it has lists or tables would be useful.
§ 3163.2 [Amended]
no substantial direct effects on federally M. Administrative Procedure Act
recognized Indian tribes and that ■ 2. In § 3163.2:
consultation under the Department’s The Act requires agencies to publish ■ a. In paragraph (a), remove ‘‘$500’’
tribal consultation policy is not interim final rules by July 1, 2016, with and add in its place ‘‘$1,031’’.
required. an effective date for the adjusted ■ b. In paragraph (b), remove ‘‘$5,000’’
penalties no later than August 1, 2016. and add in its place ‘‘$10,314’’.
I. Paperwork Reduction Act ■ c. In paragraph (d), remove ‘‘$500’’
To comply with the Act, we are issuing
This rule does not contain these regulations as an interim final rule and add in its place ‘‘$1,031’’.
■ d. In paragraph (e) introductory text,
information collection requirements, and are requesting comments post-
and a submission to OMB under the remove ‘‘$10,000’’ and add in its place
promulgation. Section 553(b) of the
‘‘$20,628’’.
Paperwork Reduction Act (44 U.S.C. Administrative Procedure Act (APA) ■ e. In paragraph (f) introductory text,
3501 et seq.) is not required. We may provides that, when an agency for good remove ‘‘$25,000’’ and add in its place
not conduct or sponsor, and you are not cause finds that ‘‘notice and public ‘‘$51,570’’.
required to respond to, a collection of procedure . . . are impracticable, ■ f. In paragraph (g)(1), remove ‘‘$500’’
information unless it displays a unnecessary, or contrary to the public each place that it occurs and add in its
currently valid OMB control number. interest,’’ the agency may issue a rule place ‘‘$1,031’’; remove ‘‘$5,000’’ and
without providing notice and an add in its place ‘‘$10,314’’; remove
J. National Environmental Policy Act
opportunity for prior public comment. ‘‘$1,000’’ each place that it occurs and
A detailed statement under the The BLM is promulgating this rule as add in its place ‘‘$2,063’’; remove
National Environmental Policy Act of an interim final rule because the Act ‘‘$10,000’’ each place that it occurs and
1969 (NEPA) is not required because the expressly directs us to do so by July 1, add in its place ‘‘$20,628’’; remove
rule is covered by a categorical 2016. The BLM also finds that there is ‘‘$25,000’’ and add in its place
exclusion. This rule is excluded from good cause to promulgate this rule ‘‘$51,570’’.
the requirement to prepare a detailed without notice and public procedure for ■ g. In paragraph (g)(2)(iii), remove
statement because it is a regulation of an two reasons. First, it would not be ‘‘$50’’ and add in its place ‘‘$103’’;
administrative nature. (For further possible to meet the deadlines imposed remove ‘‘$500’’ and add in its place
information see 43 CFR 46.210(i).) We by the Act if the BLM were first to ‘‘$1,031’’; remove ‘‘$100’’ and add in its
have also determined that the rule does publish a proposed rule, allow the place ‘‘$206’’; remove ‘‘$1,000’’ and add
not involve any of the extraordinary public sufficient time to submit in its place ‘‘$2,063’’.
circumstances listed in 43 CFR 46.215 comments, and analyze those
that would require further analysis comments, before publishing a final Janice M. Schneider,
under NEPA. rule. Also, since the Act does not give Assistant Secretary, Land and Minerals
K. Effects on the Energy Supply (E.O. the BLM any discretion to vary the Management.
13211) amount of the adjustment for any given [FR Doc. 2016–15129 Filed 6–27–16; 8:45 am]
penalty to reflect any views or BILLING CODE 4310–84–P
This rule is not a significant energy suggestions provided by commenters, it
action under the definition in Executive would serve no purpose to provide an
Order 13211. Therefore, a Statement of opportunity for pre-promulgation public DEPARTMENT OF THE INTERIOR
Energy Effects is not required. comment on this rule. Thus, pre-
L. Clarity of This Regulation promulgation notice and public Fish and Wildlife Service
comment is impracticable and
We are required by Executive Orders 50 CFR Part 11
unnecessary.
12866 (section 1(b)(12)), 12988 (section
3(b)(1)(B)), and 13563 (section 1(a)), and List of Subjects in 43 CFR Part 3160 [Docket No. FWS–HQ–LE–2016–0045;
FF09L00200–FX–LE18110900000]
by the Presidential Memorandum of
June 1, 1998, to write all rules in plain Administrative practice and RIN 1018–BB32
language. This means that each rule we procedure, Government contracts,
Indians—lands, Mineral royalties, Oil
asabaliauskas on DSK3SPTVN1PROD with RULES

publish must: Civil Penalties; Inflation Adjustments
(a) Be logically organized; and gas exploration, Penalties, Public for Civil Monetary Penalties
(b) Use the active voice to address lands—mineral resources, Reporting
and recordkeeping requirements. AGENCY: Fish and Wildlife Service,
readers directly; Interior.
(c) Use common, everyday words and For the reasons given in the preamble, ACTION: Interim rule.
clear language rather than jargon; the BLM amends Chapter II of Title 43
(d) Be divided into short sections and of the Code of Federal Regulations as SUMMARY: The U.S. Fish and Wildlife
sentences; and follows: Service (Service or we) is revising our

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Document Created: 2016-06-28 00:53:14
Document Modified: 2016-06-28 00:53:14

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Interim final rule.
Dates		As required by the Act, this rule is effective on July 28, 2016. Comments will be accepted until August 29, 2016.
Contact		Steven Wells, Division Chief, Fluid Minerals Division, 202-912-7143, for information regarding the BLM's Fluid Minerals Program. For questions relating to regulatory process issues, please contact Jennifer Noe, Division of Regulatory Affairs, at 202-912-7442. Persons who use a telecommunications device for the deaf (TDD) may call the Federal Information Relay Service (FIRS) at 1-800- 877-8339, 24 hours a day, seven days a week to contact the above individuals.
FR Citation		81 FR 41860
RIN Number		1004-AE46
CFR Associated		Administrative Practice and Procedure; Government Contracts; Indians-Lands; Mineral Royalties; Oil and Gas Exploration; Penalties; Public Lands-Mineral Resources and Reporting and Recordkeeping Requirements

81 FR 41860 - Onshore Oil and Gas Operations-Civil Penalties Inflation Adjustments

DEPARTMENT OF THE INTERIORBureau of Land Management

Federal Register Volume 81, Issue 124 (June 28, 2016)

DEPARTMENT OF THE INTERIOR
Bureau of Land Management