83_FR_2921 83 FR 2907 - Inflation Adjustments to Civil Monetary Penalty Rates for Calendar Year 2018

83 FR 2907 - Inflation Adjustments to Civil Monetary Penalty Rates for Calendar Year 2018

DEPARTMENT OF THE INTERIOR
Office of Natural Resources Revenue

Federal Register Volume 83, Issue 14 (January 22, 2018)

Page Range2907-2909
FR Document2018-00969

The Office of Natural Resources Revenue (ONRR) publishes this final rule to increase our maximum civil monetary penalty (CMP) rates for inflation occurring between October 2016 and October 2017.

Federal Register, Volume 83 Issue 14 (Monday, January 22, 2018)
[Federal Register Volume 83, Number 14 (Monday, January 22, 2018)]
[Rules and Regulations]
[Pages 2907-2909]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-00969]


=======================================================================
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DEPARTMENT OF THE INTERIOR

Office of Natural Resources Revenue

30 CFR Part 1241

[Docket No. ONRR-2017-0003; DS63644000 DR2PS0000.CH7000 189D0102R2]
RIN 1012-AA23


Inflation Adjustments to Civil Monetary Penalty Rates for 
Calendar Year 2018

AGENCY: Office of the Secretary, Office of Natural Resources Revenue, 
Interior.

ACTION: Final rule.

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

SUMMARY: The Office of Natural Resources Revenue (ONRR) publishes this 
final rule to increase our maximum civil monetary penalty (CMP) rates 
for inflation occurring between October 2016 and October 2017.

DATES: This rule is effective on January 22, 2018.

FOR FURTHER INFORMATION CONTACT: For questions on procedural issues, 
contact Armand Southall, Regulatory Specialist, by telephone at (303) 
231-3221 or email to [email protected]. For questions on 
technical issues, contact Geary Keeton, Chief of Enforcement, by 
telephone at (303) 231-3096 or email to [email protected]. You may 
obtain a paper copy of this rule by contacting Mr. Southall by phone or 
email.

SUPPLEMENTARY INFORMATION:
I. Background
II. Inflation-Adjusted Maximum Rates
III. Procedural Requirements
    A. Regulatory Planning and Review (E.O. 12866)
    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)
    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

    The Federal Civil Penalties Inflation Adjustment Act of 1990, as 
amended by the Federal Civil Penalties Inflation Adjustment Act 
Improvements Act of 2015 (collectively, ``the Act''), codified at 28 
U.S.C.S. 2461 note (LEXIS through Pub. L. 115-90, approved 12/8/17), 
requires Federal agencies to adjust their civil monetary penalty (CMP) 
rates for inflation every year.
    In accordance with sections 4 and 5 of the Act, the annual CMP 
inflation adjustment for 2018 is based on the percent change in the 
Consumer Price Index for all Urban Consumers (CPI-U) between October 
2016 and October 2017. The CPI-U for October 2016 was 241.729, and for 
October 2017 was 246.663, for an increase of 2.041%. In accordance with 
section 5(a) of the Act, the new maximum CMP rates must be rounded to 
the nearest whole dollar. In accordance with section 6 of the Act, the 
new maximum penalty rates will apply only to CMPs, including those 
which are associated with violations predating the increase, that are 
assessed after the date the increase takes effect.
    ONRR assesses CMPs under the Federal Oil and Gas Royalty Management 
Act, 30 U.S.C. 1719, and our regulations at 30 CFR part 1241. We 
calculate and assess CMPs per violation, at the applicable rate, for 
each day such violation continues.

II. Inflation-Adjusted Maximum Rates

    This final rule increases the maximum CMP rates for each of the 
four categories of violations identified in 30 U.S.C. 1719(a)-(d) and 
30 CFR part 1241. The following list identifies the existing ONRR 
regulations containing CMP rates and shows those rates before and after 
this increase.

----------------------------------------------------------------------------------------------------------------
                                                                                  2018 inflation
                         30 CFR citation                              Current       adjustment     2018 adjusted
                                                                   penalty rate     multiplier     penalty rate
----------------------------------------------------------------------------------------------------------------
1241.52(a)(2)...................................................           1,196         1.02041           1,220
1241.52(b)......................................................          11,967         1.02041          12,211
1241.60(b)(1)...................................................          23,933         1.02041          24,421
1241.60(b)(2)...................................................          59,834         1.02041          61,055
----------------------------------------------------------------------------------------------------------------


[[Page 2908]]

IV. Procedural Requirements

A. Regulatory Planning and Review (Executive Orders 12866 and 13563)

    Executive Order (E.O.) 12866 provides that the Office of 
Information and Regulatory Affairs (OIRA) in OMB will review all 
significant rules. OIRA has determined that this rule is not 
significant.
    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 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 developed this rule in a manner consistent with 
these requirements.

B. Regulatory Flexibility Act

    This rule will not have a significant economic effect on a 
substantial number of small entities under the Regulatory Flexibility 
Act (RFA, 5 U.S.C. 601 et seq.) because the rule only makes adjustments 
for inflation. The Federal Civil Penalties Inflation Adjustment Act 
Improvements Act of 2015 requires agencies to adjust civil penalties 
with an annual inflation adjustment. Therefore, 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:
    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, local government 
agencies; or geographic regions.
    c. Does not have significant adverse effects on competition, 
employment, investment, productivity, innovation, or the ability of 
United States-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. This rule does not have a significant or unique effect on State, 
local, or Tribal governments or the private sector. Therefore, we are 
not required to provide a statement containing the information that the 
Unfunded Mandates Reform Act (2 U.S.C. 1531 et seq.) requires because 
this rule is not an unfunded mandate.

E. Takings (E.O. 12630)

    This rule does not result in a taking of private property or 
otherwise have taking implications under E.O. 12630. Therefore, this 
rule does not require a takings implication assessment.

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. Therefore, this rule does not 
require a Federalism summary impact statement.

G. 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), which requires that we 
review all regulations to eliminate errors and ambiguity and to write 
them to minimize litigation.
    b. Meets the criteria of section 3(b)(2), which requires that we 
write all regulations in clear language using clear legal standards.

H. Consultation With Indian Tribal Governments (E.O. 13175)

    The Department strives to strengthen its government-to-government 
relationship with the Indian Tribes through a commitment to 
consultation with the Indian Tribes and recognition of their right to 
self-governance and Tribal sovereignty. Under the Department's 
consultation policy and the criteria in E.O. 13175, we evaluated this 
rule and determined that it will have no substantial direct effects on 
Federally-recognized Indian Tribes and does not require consultation.

I. Paperwork Reduction Act

    This rule:
    (a) Does not contain any new information collection requirements.
    (b) Does not require a submission to OMB under the Paperwork 
Reduction Act of 1995 (44 U.S.C. 3501 et seq.). See 5 CFR 1320.4(a)(2).

J. National Environmental Policy Act of 1969 (NEPA)

    This rule does not constitute a major Federal action significantly 
affecting the quality of the human environment. We are not required to 
provide a detailed statement under NEPA because this rule qualifies for 
categorical exclusion under 43 CFR 46.210(i) in that this rule is ``. . 
. of an administrative, financial, legal, technical, or procedural 
nature. . . .'' We also have determined that this rule is not involved 
in 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 E.O. 13211 and, therefore, does not require a Statement of Energy 
Effects.

L. Clarity of This Regulation

    We are required by E.O. 12866 (section 1(b)(12)), E.O. 12988 
(section 3(b)(1)(B)), and E.O. 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.
    (e) Use lists and tables wherever possible.
    If you feel that we have not met these requirements, send your 
comments to [email protected]. 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, etc.

M. Administrative Procedure Act (APA)

    The Act requires agencies to publish annual inflation adjustments 
by no later than January 15 of each year, notwithstanding section 553 
of the Administrative Procedure Act (APA) (5 U.S.C. 553). OMB has 
interpreted this direction to mean that the usual APA public procedure 
for rulemaking--which includes public notice of a proposed rule, an 
opportunity for public comment, and a delay in the effective date of a 
final rule--is not required when agencies issue regulations to 
implement the annual adjustments to civil penalties that the Act 
requires. Accordingly, we are issuing the 2018

[[Page 2909]]

annual adjustments as a direct final rule without prior notice or an 
opportunity for comment and with an effective date immediately upon 
publication in the Federal Register.
    Section 553(b) of the 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. Under section 553(b), ONRR 
finds that there is good cause to promulgate this rule without first 
providing for public comment. ONRR is promulgating this final rule to 
implement the statutory directive in the Act, which requires agencies 
to publish a final rule and to update the civil penalty amounts by 
applying a specified formula. We have no discretion to vary the amount 
of the adjustment to reflect any views or suggestions provided by 
commenters. Accordingly, it would serve no purpose to provide an 
opportunity for public comment on this rule prior to promulgation. 
Thus, providing for notice and public comment is unnecessary.
    Furthermore, ONRR finds under section 553(d)(3) of the APA that 
good cause exists to make this direct final rule effective immediately 
upon publication in the Federal Register. In the Act, Congress 
expressly required Federal agencies to publish annual inflation 
adjustments to civil penalties in the Federal Register no later than 
January 15 of every year, notwithstanding section 553 of the APA. Under 
the statutory framework and OMB guidance, the new penalty levels are to 
take effect immediately upon publication. Moreover, an effective date 
after January 15 would delay application of the new penalty levels, 
contrary to Congress's intent.

List of Subjects in 30 CFR Part 1241

    Administrative practice and procedure, Civil penalties, Coal, 
Geothermal, Inflation, Mineral resources, Natural gas, Notices of non-
compliance, Oil.

Gregory J. Gould,
Director for Office of Natural Resources Revenue.

Authority and Issuance

    For the reasons discussed in the preamble, ONRR amends 30 CFR part 
1241 as set forth below:

PART 1241--PENALTIES

0
1. The authority citation for part 1241 continues to read as follows:

    Authority: 25 U.S.C. 396 et seq., 396a et seq., 2101 et seq.; 30 
U.S.C. 181 et seq., 351 et seq., 1001 et seq., 1701 et seq.; 43 
U.S.C. 1301 et seq., 1331 et seq., 1801 et seq.


Sec.  1241.52   [Amended]

0
2. Amend Sec.  1241.52 by:
0
a. In paragraph (a)(2), removing ``$1,196'' and adding in its place 
``$1,220.''
0
b. In paragraph (b) introductory text, removing ``$11,967'' and adding 
in its place ``$12,211.''


Sec.  1241.60   [Amended]

0
3. Amend Sec.  1241.60 by:
0
a. In paragraph (b)(1) introductory text, removing ``$23,933'' and 
adding in its place ``$24,421.''
0
b. In paragraph (b)(2), removing ``$59,834'' and adding in its place 
``$61,055.''

[FR Doc. 2018-00969 Filed 1-19-18; 8:45 am]
 BILLING CODE 4335-30-P



                                                                      Federal Register / Vol. 83, No. 14 / Monday, January 22, 2018 / Rules and Regulations                                                                           2907

                                             excess of this amount against amounts                                        Dated: January 9, 2018.                                                 E. Takings (E.O. 12630)
                                             otherwise due.                                                             Jonodev O. Chaudhuri,                                                     F. Federalism (E.O. 13132)
                                                (b) To the extent that revenue derived                                                                                                            G. Civil Justice Reform (E.O. 12988)
                                                                                                                        Chairman.
                                                                                                                                                                                                  H. Consultation With Indian Tribes (E.O.
                                             from fees imposed under the rates of                                       Kathryn Isom-Clause,                                                         13175)
                                             fees established under § 514.2 are not                                     Vice Chair.                                                               I. Paperwork Reduction Act
                                             expended or committed at the close of                                                                                                                J. National Environmental Policy Act
                                             any fiscal year, such funds shall remain                                   E. Sequoyah Simermeyer,                                                   K. Effects on the Energy Supply (E.O.
                                             available until expended to defray the                                     Associate Commissioner.                                                      13211)
                                             costs of operations of the Commission.                                     [FR Doc. 2018–00877 Filed 1–19–18; 8:45 am]                               L. Clarity of This Regulation
                                                                                                                        BILLING CODE 7565–01–P                                                    M. Administrative Procedure Act
                                             § 514.15 May tribes submit fingerprint
                                             cards to the Commission for processing?                                                                                                            I. Background
                                                Tribes may submit fingerprint cards to                                  DEPARTMENT OF THE INTERIOR                                                 The Federal Civil Penalties Inflation
                                             the Commission for processing by the                                                                                                               Adjustment Act of 1990, as amended by
                                             Federal Bureau of Investigation and the                                    Office of Natural Resources Revenue                                     the Federal Civil Penalties Inflation
                                             Commission may charge a fee to process                                                                                                             Adjustment Act Improvements Act of
                                             fingerprint cards on behalf of the tribes.                                 30 CFR Part 1241                                                        2015 (collectively, ‘‘the Act’’), codified
                                                                                                                                                                                                at 28 U.S.C.S. 2461 note (LEXIS through
                                             § 514.16 How does the Commission adopt                                     [Docket No. ONRR–2017–0003; DS63644000                                  Pub. L. 115–90, approved 12/8/17),
                                             the fingerprint processing fee?                                            DR2PS0000.CH7000 189D0102R2]
                                                                                                                                                                                                requires Federal agencies to adjust their
                                                (a) The Commission shall review                                         RIN 1012–AA23                                                           civil monetary penalty (CMP) rates for
                                             annually the costs involved in                                                                                                                     inflation every year.
                                             processing fingerprint cards and, by a                                     Inflation Adjustments to Civil Monetary                                    In accordance with sections 4 and 5
                                             vote of not less than two of its members,                                  Penalty Rates for Calendar Year 2018                                    of the Act, the annual CMP inflation
                                             shall adopt the fingerprint processing                                                                                                             adjustment for 2018 is based on the
                                                                                                                        AGENCY:  Office of the Secretary, Office
                                             fee no later than November 1st of each                                                                                                             percent change in the Consumer Price
                                                                                                                        of Natural Resources Revenue, Interior.
                                             year.                                                                                                                                              Index for all Urban Consumers (CPI–U)
                                                                                                                        ACTION: Final rule.
                                                (b) The Commission shall publish the                                                                                                            between October 2016 and October
                                             fingerprint processing fee in a notice in                                  SUMMARY:    The Office of Natural                                       2017. The CPI–U for October 2016 was
                                             the Federal Register.                                                      Resources Revenue (ONRR) publishes                                      241.729, and for October 2017 was
                                                (c) The fingerprint processing fee                                      this final rule to increase our maximum                                 246.663, for an increase of 2.041%. In
                                             shall be based on fees charged by the                                      civil monetary penalty (CMP) rates for                                  accordance with section 5(a) of the Act,
                                             Federal Bureau of Investigation and                                        inflation occurring between October                                     the new maximum CMP rates must be
                                             costs incurred by the Commission.                                          2016 and October 2017.                                                  rounded to the nearest whole dollar. In
                                             Commission costs include Commission                                        DATES: This rule is effective on January
                                                                                                                                                                                                accordance with section 6 of the Act,
                                             personnel, supplies, equipment costs,                                      22, 2018.                                                               the new maximum penalty rates will
                                             and postage to submit the results to the                                                                                                           apply only to CMPs, including those
                                                                                                                        FOR FURTHER INFORMATION CONTACT: For
                                             requesting tribe.                                                                                                                                  which are associated with violations
                                                                                                                        questions on procedural issues, contact                                 predating the increase, that are assessed
                                             § 514.17 How are fingerprint processing                                    Armand Southall, Regulatory Specialist,                                 after the date the increase takes effect.
                                             fees collected by the Commission?                                          by telephone at (303) 231–3221 or email                                    ONRR assesses CMPs under the
                                                (a) Fees for processing fingerprint                                     to Armand.Southall@onrr.gov. For                                        Federal Oil and Gas Royalty
                                             cards will be billed monthly to each                                       questions on technical issues, contact                                  Management Act, 30 U.S.C. 1719, and
                                             Tribe for cards processed during the                                       Geary Keeton, Chief of Enforcement, by                                  our regulations at 30 CFR part 1241. We
                                             prior month. Tribes shall pay the                                          telephone at (303) 231–3096 or email to                                 calculate and assess CMPs per violation,
                                             amount billed within forty-five (45)                                       Geary.Keeton@onrr.gov. You may obtain                                   at the applicable rate, for each day such
                                             days of the date of the bill.                                              a paper copy of this rule by contacting                                 violation continues.
                                                (b) The Chair may suspend fingerprint                                   Mr. Southall by phone or email.
                                             card processing for a tribe that has a bill                                SUPPLEMENTARY INFORMATION:                                              II. Inflation-Adjusted Maximum Rates
                                             remaining unpaid for more than forty-                                      I. Background                                                             This final rule increases the
                                             five (45) days.                                                            II. Inflation-Adjusted Maximum Rates                                    maximum CMP rates for each of the four
                                                (c) Remittances and other                                               III. Procedural Requirements                                            categories of violations identified in 30
                                                                                                                           A. Regulatory Planning and Review (E.O.
                                             communications about fingerprint                                                 12866)
                                                                                                                                                                                                U.S.C. 1719(a)–(d) and 30 CFR part
                                             processing fees shall be sent to the                                          B. Regulatory Flexibility Act                                        1241. The following list identifies the
                                             Commission by the methods provided                                            C. Small Business Regulatory Enforcement                             existing ONRR regulations containing
                                             for in the rates of fees notice published                                        Fairness Act                                                      CMP rates and shows those rates before
                                             in the Federal Register.                                                      D. Unfunded Mandates Reform Act                                      and after this increase.

                                                                                                                                                                                                                   2018           2018
                                                                                                                                                                                                 Current         inflation
                                                                                                        30 CFR citation                                                                                                         adjusted
                                                                                                                                                                                               penalty rate     adjustment     penalty rate
                                                                                                                                                                                                                 multiplier
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                                             1241.52(a)(2) ...............................................................................................................................            1,196         1.02041            1,220
                                             1241.52(b) ....................................................................................................................................         11,967         1.02041           12,211
                                             1241.60(b)(1) ...............................................................................................................................           23,933         1.02041           24,421
                                             1241.60(b)(2) ...............................................................................................................................           59,834         1.02041           61,055




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                                             2908              Federal Register / Vol. 83, No. 14 / Monday, January 22, 2018 / Rules and Regulations

                                             IV. Procedural Requirements                             Tribal governments or the private sector               J. National Environmental Policy Act of
                                                                                                     of more than $100 million per year. This               1969 (NEPA)
                                             A. Regulatory Planning and Review
                                                                                                     rule does not have a significant or                       This rule does not constitute a major
                                             (Executive Orders 12866 and 13563)
                                                                                                     unique effect on State, local, or Tribal               Federal action significantly affecting the
                                                Executive Order (E.O.) 12866 provides                governments or the private sector.                     quality of the human environment. We
                                             that the Office of Information and                      Therefore, we are not required to                      are not required to provide a detailed
                                             Regulatory Affairs (OIRA) in OMB will                   provide a statement containing the                     statement under NEPA because this rule
                                             review all significant rules. OIRA has                  information that the Unfunded                          qualifies for categorical exclusion under
                                             determined that this rule is not                        Mandates Reform Act (2 U.S.C. 1531 et                  43 CFR 46.210(i) in that this rule is
                                             significant.                                            seq.) requires because this rule is not an             ‘‘. . . of an administrative, financial,
                                                E.O. 13563 reaffirms the principles of               unfunded mandate.                                      legal, technical, or procedural nature.
                                             E.O. 12866, while calling for
                                                                                                     E. Takings (E.O. 12630)                                . . .’’ We also have determined that this
                                             improvements in the Nation’s regulatory
                                                                                                                                                            rule is not involved in any of the
                                             system to promote predictability, to                      This rule does not result in a taking                extraordinary circumstances listed in 43
                                             reduce uncertainty, and to use the best,                of private property or otherwise have                  CFR 46.215 that would require further
                                             most innovative, and least burdensome                   taking implications under E.O. 12630.                  analysis under NEPA.
                                             tools for achieving regulatory ends. E.O.               Therefore, this rule does not require a
                                             13563 directs agencies to consider                      takings implication assessment.                        K. Effects on the Energy Supply (E.O.
                                             regulatory approaches that reduce                                                                              13211)
                                             burdens and maintain flexibility and                    F. Federalism (E.O. 13132)                               This rule is not a significant energy
                                             freedom of choice for the public where                                                                         action under the definition in E.O.
                                             these approaches are relevant, feasible,                  Under the criteria in section 1 of E.O.
                                                                                                     13132, this rule does not have sufficient              13211 and, therefore, does not require a
                                             and consistent with regulatory                                                                                 Statement of Energy Effects.
                                             objectives. E.O. 13563 emphasizes                       Federalism implications to warrant the
                                             further that regulations must be based                  preparation of a Federalism summary                    L. Clarity of This Regulation
                                             on the best available science and that                  impact statement. Therefore, this rule
                                                                                                                                                               We are required by E.O. 12866
                                             the rulemaking process must allow for                   does not require a Federalism summary
                                                                                                                                                            (section 1(b)(12)), E.O. 12988 (section
                                             public participation and an open                        impact statement.
                                                                                                                                                            3(b)(1)(B)), and E.O. 13563 (section
                                             exchange of ideas. We developed this                    G. Civil Justice Reform (E.O. 12988)                   1(a)), and by the Presidential
                                             rule in a manner consistent with these                                                                         Memorandum of June 1, 1998, to write
                                             requirements.                                             This rule complies with the                          all rules in plain language. This means
                                                                                                     requirements of E.O. 12988.                            that each rule we publish must:
                                             B. Regulatory Flexibility Act                           Specifically, this rule:                                  (a) Be logically organized.
                                               This rule will not have a significant                   a. Meets the criteria of section 3(a),                  (b) Use the active voice to address
                                             economic effect on a substantial number                 which requires that we review all                      readers directly.
                                             of small entities under the Regulatory                  regulations to eliminate errors and                       (c) Use common, everyday words and
                                             Flexibility Act (RFA, 5 U.S.C. 601 et                   ambiguity and to write them to                         clear language rather than jargon.
                                             seq.) because the rule only makes                       minimize litigation.                                      (d) Be divided into short sections and
                                             adjustments for inflation. The Federal                                                                         sentences.
                                                                                                       b. Meets the criteria of section 3(b)(2),               (e) Use lists and tables wherever
                                             Civil Penalties Inflation Adjustment Act
                                                                                                     which requires that we write all                       possible.
                                             Improvements Act of 2015 requires
                                                                                                     regulations in clear language using clear                 If you feel that we have not met these
                                             agencies to adjust civil penalties with an
                                                                                                     legal standards.                                       requirements, send your comments to
                                             annual inflation adjustment. Therefore,
                                             the RFA does not apply to this                          H. Consultation With Indian Tribal                     Armand.Southall@onrr.gov. Your
                                             rulemaking.                                             Governments (E.O. 13175)                               comments should be as specific as
                                                                                                                                                            possible. For example, you should tell
                                             C. Small Business Regulatory                               The Department strives to strengthen                us the numbers of the sections or
                                             Enforcement Fairness Act                                its government-to-government                           paragraphs that you find unclear, which
                                                This rule is not a major rule under 5                relationship with the Indian Tribes                    sections or sentences are too long, the
                                             U.S.C. 804(2), the Small Business                       through a commitment to consultation                   sections where you feel lists or tables
                                             Regulatory Enforcement Fairness Act.                    with the Indian Tribes and recognition                 would be useful, etc.
                                             This rule:                                              of their right to self-governance and
                                                                                                                                                            M. Administrative Procedure Act (APA)
                                                a. Does not have an annual effect on                 Tribal sovereignty. Under the
                                             the economy of $100 million or more.                    Department’s consultation policy and                     The Act requires agencies to publish
                                                b. Will not cause a major increase in                the criteria in E.O. 13175, we evaluated               annual inflation adjustments by no later
                                             costs or prices for consumers;                          this rule and determined that it will                  than January 15 of each year,
                                             individual industries; Federal, State,                  have no substantial direct effects on                  notwithstanding section 553 of the
                                             local government agencies; or                           Federally-recognized Indian Tribes and                 Administrative Procedure Act (APA)
                                             geographic regions.                                     does not require consultation.                         (5 U.S.C. 553). OMB has interpreted this
                                                c. Does not have significant adverse                                                                        direction to mean that the usual APA
                                                                                                     I. Paperwork Reduction Act                             public procedure for rulemaking—
                                             effects on competition, employment,
                                             investment, productivity, innovation, or                  This rule:                                           which includes public notice of a
                                                                                                                                                            proposed rule, an opportunity for public
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                                             the ability of United States-based
                                                                                                       (a) Does not contain any new                         comment, and a delay in the effective
                                             enterprises to compete with foreign-
                                                                                                     information collection requirements.                   date of a final rule—is not required
                                             based enterprises.
                                                                                                       (b) Does not require a submission to                 when agencies issue regulations to
                                             D. Unfunded Mandates Reform Act                         OMB under the Paperwork Reduction                      implement the annual adjustments to
                                               This rule does not impose an                          Act of 1995 (44 U.S.C. 3501 et seq.). See              civil penalties that the Act requires.
                                             unfunded mandate on State, local, or                    5 CFR 1320.4(a)(2).                                    Accordingly, we are issuing the 2018


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                                                               Federal Register / Vol. 83, No. 14 / Monday, January 22, 2018 / Rules and Regulations                                                    2909

                                             annual adjustments as a direct final rule                  Authority: 25 U.S.C. 396 et seq., 396a et           deviation, call or email Mr. Hal R. Pitts,
                                             without prior notice or an opportunity                  seq., 2101 et seq.; 30 U.S.C. 181 et seq., 351         Fifth Coast Guard District (dpb);
                                             for comment and with an effective date                  et seq., 1001 et seq., 1701 et seq.; 43 U.S.C.         telephone (757) 398–6222, email
                                                                                                     1301 et seq., 1331 et seq., 1801 et seq.
                                             immediately upon publication in the                                                                            Hal.R.Pitts@uscg.mil.
                                             Federal Register.                                       § 1241.52    [Amended]                                 SUPPLEMENTARY INFORMATION:
                                                Section 553(b) of the Administrative
                                             Procedure Act (APA) provides that,                      ■  2. Amend § 1241.52 by:                              I. Background, Purpose and Legal Basis
                                                                                                     ■  a. In paragraph (a)(2), removing
                                             when an agency for good cause finds                                                                               On April 12, 2017, we published a
                                                                                                     ‘‘$1,196’’ and adding in its place
                                             that ‘‘notice and public procedure . . .                                                                       document in the Federal Register
                                                                                                     ‘‘$1,220.’’
                                             are impracticable, unnecessary, or                      ■ b. In paragraph (b) introductory text,
                                                                                                                                                            entitled, ‘‘Drawbridge Operation
                                             contrary to the public interest,’’ the                                                                         Regulation; Delaware River, Pennsauken
                                                                                                     removing ‘‘$11,967’’ and adding in its
                                             agency may issue a rule without                                                                                Township, NJ’’ announcing a temporary
                                                                                                     place ‘‘$12,211.’’
                                             providing notice and an opportunity for                                                                        deviation from the regulations, with
                                             prior public comment. Under section                     § 1241.60    [Amended]                                 request for comments (see 82 FR 17562).
                                             553(b), ONRR finds that there is good                   ■  3. Amend § 1241.60 by:                              The purpose of the deviation was to test
                                             cause to promulgate this rule without                   ■  a. In paragraph (b)(1) introductory                 the newly installed remote operational
                                             first providing for public comment.                     text, removing ‘‘$23,933’’ and adding in               capabilities of the DELAIR Memorial
                                             ONRR is promulgating this final rule to                 its place ‘‘$24,421.’’                                 Railroad Bridge across the Delaware
                                             implement the statutory directive in the                ■ b. In paragraph (b)(2), removing                     River, mile 104.6, at Pennsauken
                                             Act, which requires agencies to publish                 ‘‘$59,834’’ and adding in its place                    Township, NJ, owned and operated by
                                             a final rule and to update the civil                    ‘‘$61,055.’’                                           Conrail Shared Assets. The installation
                                             penalty amounts by applying a specified                                                                        of the remote operation system
                                                                                                     [FR Doc. 2018–00969 Filed 1–19–18; 8:45 am]
                                             formula. We have no discretion to vary                                                                         capabilities did not change the
                                                                                                     BILLING CODE 4335–30–P
                                             the amount of the adjustment to reflect                                                                        operational schedule of the bridge.1
                                             any views or suggestions provided by                                                                              On June 30, 2017, we published a
                                             commenters. Accordingly, it would                                                                              notice of proposed rulemaking (NPRM)
                                             serve no purpose to provide an                          DEPARTMENT OF HOMELAND                                 entitled, ‘‘Drawbridge Operation
                                             opportunity for public comment on this                  SECURITY                                               Regulation; Delaware River, Pennsauken
                                             rule prior to promulgation. Thus,                                                                              Township, NJ’’ (see 82 FR 29800). The
                                                                                                     Coast Guard                                            original comment period closed on
                                             providing for notice and public
                                             comment is unnecessary.                                                                                        August 18, 2017.
                                                                                                     33 CFR Part 117                                           On October 18, 2017, we published a
                                                Furthermore, ONRR finds under
                                             section 553(d)(3) of the APA that good                  [Docket No. USCG–2016–0257]                            document in the Federal Register
                                             cause exists to make this direct final                                                                         entitled, ‘‘Drawbridge Operation
                                             rule effective immediately upon                         Drawbridge Operation Regulation;                       Regulation; Delaware River, Pennsauken
                                             publication in the Federal Register. In                 Delaware River, Pennsauken                             Township, NJ’’ announcing a temporary
                                             the Act, Congress expressly required                    Township, NJ                                           deviation from the regulations, with
                                             Federal agencies to publish annual                      AGENCY: Coast Guard, DHS.                              request for comments (see 82 FR 48419).
                                             inflation adjustments to civil penalties                                                                       This test deviation commenced at 8 a.m.
                                                                                                     ACTION: Notice of temporary deviation                  on October 21, 2017, and will conclude
                                             in the Federal Register no later than                   from regulations; reopening comment
                                             January 15 of every year,                                                                                      at 7:59 a.m. on April 19, 2018. This
                                                                                                     period.                                                notice included a request for comments
                                             notwithstanding section 553 of the APA.
                                             Under the statutory framework and                       SUMMARY:   The Coast Guard is reopening                and related material to reach the Coast
                                             OMB guidance, the new penalty levels                    the comment period to solicit additional               Guard on or before January 15, 2018.2
                                             are to take effect immediately upon                     comments concerning its Notice of                         On December 6, 2017, we published
                                             publication. Moreover, an effective date                Temporary Deviation from the operating                 a notice of proposed rulemaking;
                                             after January 15 would delay                            schedule that governs the DELAIR                       reopening of comment period (NPRM);
                                             application of the new penalty levels,                  Memorial Railroad Bridge across the                    entitled ‘‘Drawbridge Operation
                                             contrary to Congress’s intent.                          Delaware River, mile 104.6, at                         Regulation; Delaware River, Pennsauken
                                                                                                     Pennsauken Township, NJ. This                          Township, NJ’’ in the Federal Register
                                             List of Subjects in 30 CFR Part 1241                                                                           (see 82 FR 57561). It included a request
                                                                                                     document is to provide additional
                                               Administrative practice and                           opportunity for public comment.                        for comments and related material to
                                             procedure, Civil penalties, Coal,                                                                              reach the Coast Guard on or before
                                                                                                     DATES: The comment period for the
                                             Geothermal, Inflation, Mineral                                                                                 January 15, 2018.
                                                                                                     deviation published October 18, 2017, at                  This document reopening the
                                             resources, Natural gas, Notices of non-                 82 FR 48419, is reopened. Comments
                                             compliance, Oil.                                                                                               comment period ensures notice and
                                                                                                     and related material must reach the                    opportunity to comment on the
                                             Gregory J. Gould,                                       Coast Guard on or before March 2, 2018.                temporary deviation before we decide
                                             Director for Office of Natural Resources                ADDRESSES: You may submit comments                     whether to make any changes to it. This
                                             Revenue.                                                identified by docket number USCG–
                                                                                                     2016–0257 using Federal eRulemaking                      1 A full description of the remote operational
                                             Authority and Issuance
                                                                                                     Portal at http://www.regulations.gov.                  system is outlined in the aforementioned
                                               For the reasons discussed in the                      See the ‘‘Public Participation and                     publication, which can be found at http://
ethrower on DSK3G9T082PROD with RULES




                                             preamble, ONRR amends 30 CFR part                                                                              regulations.gov. (See ADDRESSES for more
                                                                                                     Request for Comments’’ portion of the                  information).
                                             1241 as set forth below:                                SUPPLEMENTARY INFORMATION section                        2 Detailed information concerning this second test
                                                                                                     below for instructions on submitting                   deviation is contained in the Background, Purpose
                                             PART 1241—PENALTIES                                     comments.                                              and Legal Basis paragraphs of the aforementioned
                                                                                                                                                            publication, which can be found at http://
                                             ■ 1. The authority citation for part 1241               FOR FURTHER INFORMATION CONTACT: If                    regulations.gov, (see ADDRESSES for more
                                             continues to read as follows:                           you have questions on this test                        information).



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Document Created: 2018-01-23 21:35:36
Document Modified: 2018-01-23 21:35:36
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesThis rule is effective on January 22, 2018.
ContactFor questions on procedural issues, contact Armand Southall, Regulatory Specialist, by telephone at (303) 231-3221 or email to [email protected] For questions on technical issues, contact Geary Keeton, Chief of Enforcement, by telephone at (303) 231-3096 or email to [email protected] You may obtain a paper copy of this rule by contacting Mr. Southall by phone or email.
FR Citation83 FR 2907 
RIN Number1012-AA23
CFR AssociatedAdministrative Practice and Procedure; Civil Penalties; Coal; Geothermal; Inflation; Mineral Resources; Natural Gas; Notices of Non-Compliance and Oil

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