Federal Register / Vol. 74, No. 186 / Monday, September 28, 2009 / Rules and Regulations 49327 

2 Initial Comments of the United States Postal 

Service, July 30, 2009; Public Representative 

Comments, August 21, 2009. 

to be calculated to three decimal places; 

and consistency with the Postal 

Service’s unused rate adjustment 

authority (bank), which is calculated to 

three decimal places. Id. at 2–3. 

The Commission amends the last 

sentence in 39 CFR 3010.21(a) and 

3010.22(b) to read, ‘‘The result is 

expressed as a percentage, rounded to 

three decimal places.’’ The amendment 

also corrects an inadvertent error in the 

current heading for part 3010 from 

‘‘Regulation of Rules for Market 

Dominant Products’’ to ‘‘Regulation of 

Rates for Market Dominant Products’’. 

Id. at 3. 

Only two comments were submitted 

in response to Order No. 246. The Postal 

Service and the Public Representative 

both filed comments in support of the 

proposed change.2

It is ordered: 

1. The Commission adopts the 

referenced amendments as final rules 

revising the price cap calculation in 39 

CFR part 3010 and the part heading for 

39 CFR part 3010. The part heading and 

sections affected by these revisions are 

set forth in their entirety, following the 

Secretary’s signature, to provide context 

and clarity. 

2. These rules shall take effect 30 days 

after publication in the Federal 

Register. 

3. The Secretary shall arrange for 

publication of this order in the Federal 

Register. 

List of Subjects in 39 CFR Part 3010 

Administrative practice and 

procedure; Postal Service. 

Dated: September 22, 2009. 

By the Commission. 

Shoshana M. Grove, 

Secretary. 

■ For the reasons discussed in the 

preamble, the Commission amends 

chapter III of title 39 of the Code of 

Federal Regulations as follows: 

PART 3010—REGULATION OF RATES 

FOR MARKET DOMINANT PRODUCTS 

■ 1. The authority citation for 39 CFR 

part 3010 continues to read as follows: 

Authority: 39 U.S.C. 503; 3622. 

■ 2. Revise the part heading of part 3010 

to read as set forth above. 

■ 3. Revise § 3010.21 to read as follows: 

§ 3010.21 Calculation of annual limitation. 

(a) The calculation of an annual 

limitation involves three steps. First, a 

simple average CPI–U index is 

calculated by summing the most 

recently available 12 monthly CPI–U 

values from the date the Postal Service 

files its notice of rate adjustment and 

dividing the sum by 12 (Recent 

Average). Then, a second simple average 

CPI–U index is similarly calculated by 

summing the 12 monthly CPI–U values 

immediately preceding the Recent 

Average and dividing the sum by 12 

(Base Average). Finally, the annual 

limitation is calculated by dividing the 

Recent Average by the Base Average and 

subtracting 1 from the quotient. The 

result is expressed as a percentage, 

rounded to three decimal places. 

(b) The formula for calculating an 

annual limitation is as follows: Annual 

Limitation = (Recent Average/Base 

Average)¥1. 

■ 4. Revise § 3010.22 to read as follows: 

§ 3010.22 Calculation of less than annual 

limitation. 

(a) If a notice of rate adjustment is 

filed less than 1 year after the last Type 

1–A or Type 1–B notice of rate 

adjustment applicable to an affected 

class of mail, then the annual limitation 

will recognize the rate increases that 

have occurred during the preceding 12 

months. When the effects of those 

increases are removed, the remaining 

partial year limitation is the applicable 

restriction on rate increases. 

(b) The applicable partial year 

limitation is calculated in two steps. 

First, a simple average CPI–U index is 

calculated by summing the 12 most 

recently available monthly CPI–U 

values from the date the Postal Service 

files its notice of rate adjustment and 

dividing the sum by 12 (Recent 

Average). The partial year limitation is 

then calculated by dividing the Recent 

Average by the Recent Average from the 

most recent previous notice of rate 

adjustment (Previous Recent Average) 

applicable to each affected class of mail 

and subtracting 1 from the quotient. The 

result is expressed as a percentage, 

rounded to three decimal places. 

(c) The formula for calculating the 

partial year limitation for a notice of rate 

adjustment filed less than 1 year after 

the last notice is as follows: Partial Year 

Limitation = (Recent Average/Previous 

Recent Average)¥1. 

[FR Doc. E9–23321 Filed 9–25–09; 8:45 am] 

BILLING CODE 7710–FW–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 49 

[EPA–R01–OAR–2009–0305; A–1–FRL– 

8949–8] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Mohegan Tribe of Indians of 

Connecticut 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is approving a Tribal 

Implementation Plan (‘‘TIP’’) submitted 

by the Mohegan Tribe of Indians of 

Connecticut (‘‘the Tribe’’). This revision 

adds new emission units to the Tribe’s 

TIP, while maintaining an enforceable 

cap on nitrogen oxide emissions from 

stationary sources owned by the 

Mohegan Tribal Gaming Authority and 

located within the external boundaries 

of the Mohegan Reservation. The 

revision also provides the Administrator 

of The Mohegan Environmental 

Protection Department with 

enforcement authority for violations of 

the Mohegan TIP and establishes a right 

of appeal to the Director of Regulation 

and Compliance and the Mohegan 

courts. This action is intended to help 

attain the National Ambient Air Quality 

Standards (NAAQS) for ground-level 

ozone. This action is being taken in 

accordance with the Clean Air Act. 

DATES: This direct final rule will be 

effective November 27, 2009, unless 

EPA receives adverse comments by 

October 28, 2009. If adverse comments 

are received, EPA will publish a timely 

withdrawal of the direct final rule in the 

Federal Register informing the public 

that the rule will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R01–OAR–2009–0305 by one of the 

following methods: 

1. www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

2. E-mail: mcdonnell.ida@epa.gov. 

3. Fax: (617) 918–0653. 

4. Mail: ‘‘Docket Identification 

Number EPA–R01–OAR–2009–0305,’’ 

Ida McDonnell, U.S. Environmental 

Protection Agency, EPA New England 

Regional Office, One Congress Street, 

Suite 1100 (mail code CAP), Boston, MA 

02114–2023. 

5. Hand Delivery or Courier: Deliver 

your comments to: Ida McDonnell, Air 

Permits, Toxics and Indoor Air Unit, 

Office of Ecosystem Protection, U.S. 

Environmental Protection Agency, EPA 

New England Regional Office, One 


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1Potential to emit means the maximum capacity 

of a stationary source to emit any air pollutant 

under its physical and operational design. 

Congress Street, 11th floor, (CAP), 

Boston, MA 02114–2023. Such 

deliveries are only accepted during the 

Regional Office’s normal hours of 

operation. The Regional Office’s official 

hours of business are Monday through 

Friday, 8:30 to 4:30, excluding legal 

holidays. 

Instructions: Direct your comments to 

Docket ID No. EPA–R01–OAR–2009– 

0305. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit through 

www.regulations.gov, or e-mail, 

information that you consider to be CBI 

or otherwise protected. The 

www.regulations.gov website is an 

‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an e-mail comment directly 

to EPA without going through 

www.regulations.gov, your e-mail 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. 

Docket: All documents in the 

electronic docket are listed in the 

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, i.e., CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

is not placed on the Internet and will be 

publicly available only in hard copy 

form. Publicly available docket 

materials are available either 

electronically through 

www.regulations.gov or in hard copy at 

the Office of Ecosystem Protection, U.S. 

Environmental Protection Agency, EPA 

New England Regional Office, One 

Congress Street, Suite 1100, Boston, 

MA. EPA requests that if at all possible, 

you contact the contact listed in the FOR

FURTHER INFORMATION CONTACT section to 

schedule your inspection. The Regional 

Office’s official hours of business are 

Monday through Friday, 8:30 to 4:30, 

excluding legal holidays. 

In addition, copies of the Tribe’s 

submittal and EPA’s technical support 

document are also available for public 

inspection during normal business 

hours, by appointment at the Mohegan 

Tribe, Mohegan Environmental 

Protection Department, 49 Sandy Desert 

Road, Uncasville, CT 06382, telephone 

number (860) 862–6112. 

FOR FURTHER INFORMATION CONTACT: Ida 

E. McDonnell, Air Permits, Toxics and 

Indoor Air Unit, Office of Ecosystem 

Protection, U.S. Environmental 

Protection Agency, EPA New England 

Regional Office, One Congress Street, 

11th floor, (CAP), Boston, MA 02114– 

2023, telephone number (617) 918– 

1653, fax number (617) 918–0653, email mcdonnell.ida@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, it means 

U.S. EPA, Region 1. 

Organization of this document. The 

following outline is provided to aid in 

locating information in this preamble. 

I. Background and Purpose 

II. Final Action 

III. Statutory and Executive Order Reviews 

I. Background and Purpose: The 

Mohegan Tribe of Indians of 

Connecticut (‘‘the Tribe’’) submitted a 

Tribal Implementation Plan (‘‘Mohegan 

TIP’’) consisting of a tribal ordinance, 

entitled ‘‘Area Wide NOX Emissions 

Limitation Regulation,’’ establishing a 

limit on nitrogen oxide (‘‘NOX’’) 

emissions from stationary sources 

owned by the Mohegan Tribal Gaming 

Authority and located within the 

external boundaries of the Mohegan 

Reservation. The TIP was submitted by 

the Tribe on May 4, 2005 and amended 

on August 22, 2007. EPA granted 

approval of the Mohegan TIP in a 

rulemaking published on November 14, 

2007 (72 FR 63988). 

Stationary sources owned by the 

Mohegan Tribal Gaming Authority have 

the potential to emit 1 NOx in major 

source amounts, but have actual 

emissions that are below the major 

source thresholds. The Mohegan TIP is 

a mechanism by which the emission 

limit for stationary sources owned by 

the Mohegan Tribal Gaming Authority 

located within the exterior boundaries 

of the Mohegan Reservation is 

enforceable as a practical matter. The 

Mohegan TIP is the equivalent of a 

permit that keeps the sources in 

‘‘synthetic minor’’ status and ensures 

that the source is legally prohibited 

from operating as a major source. In 

other words, even though units owned 

by the Mohegan Tribal Gaming 

Authority have the potential to emit 

NOx in major source amounts, they will 

be considered minor sources and will 

avoid triggering CAA major source 

requirements because the units 

collectively will be subject to an 

enforceable emissions limitation. 

On April 17, 2009, the Tribe 

submitted a formal revision to the 

Mohegan TIP (‘‘Revision’’). The 

Revision includes a monthly NOx 

emissions limitation for new emission 

units, namely uncontrolled diesel 

generators and controlled diesel 

generators. The Revision also removes 

the classification for emergency diesel 

generators, as these emission units 

constitute uncontrolled diesel 

generators. The Revision contains 

monitoring, recordkeeping, reporting, 

and testing requirements for the new 

emission units, as needed to assure 

compliance with the synthetic minor 

limit. The inclusion of these units does 

not result in any increase in potential 

emissions at the facility because the 

Area Wide Limitation for NOx 

Emissions remains at 49 tons per year 

for each twelve-month rolling year. 

The Revision also vests the 

Administrator of The Mohegan 

Environmental Protection Department 

with enforcement authority for 

violations of the Mohegan TIP. 

Specifically, the Revision provides the 

Administrator with the authority to 

assess civil penalties of up to $25,000 

per violation per day, as well as to issue 

cease and desist orders, for violations of 

the Mohegan TIP. The Mohegan Gaming 

Disputes Court formerly had the 

authority to perform these functions. 

Under the Revision, any entity or 

individual whose legal rights are 

affected by any decision of the 

Administrator regarding the 

enforcement of the Mohegan TIP may 

appeal the decision to the Director of 

Regulation and Compliance, and may 

subsequently appeal any decision of the 

Director of Regulation and Compliance 

to the Mohegan Tribal Court or 

Mohegan Gaming Disputes Court 

(‘‘Mohegan Courts’’), as appropriate. 

II. Final Action: EPA is approving the 

Mohegan Tribal Implementation Plan 

Revision, submitted by the Mohegan 

Tribe of Indians of Connecticut on April 

17, 2009. The Revision incorporates 

new emission units with associated 

monitoring, recordkeeping and 

reporting provisions for the facility 


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Federal Register / Vol. 74, No. 186 / Monday, September 28, 2009 / Rules and Regulations 49329 

owned by the Mohegan Tribal Gaming 

Authority. The Revision also vests the 

Administrator of The Mohegan 

Environmental Protection Department 

with enforcement authority for 

violations of the Mohegan TIP and 

establishes a right of appeal to the 

Director of Regulation and Compliance 

and the Mohegan Courts. 

The EPA is publishing this action 

without prior proposal because the 

Agency views this as a noncontroversial 

amendment and anticipates no adverse 

comments. However, in the Proposed 

Rules section of this Federal Register 

publication, EPA is publishing a 

separate document that will serve as the 

proposal to approve the Mohegan TIP 

revision should relevant adverse 

comments be filed. This rule will be 

effective November 27, 2009 without 

further notice unless the Agency 

receives relevant adverse comments by 

October 28, 2009. 

If the EPA receives such comments, 

then EPA will publish a notice 

withdrawing the final rule and 

informing the public that the rule will 

not take effect. All public comments 

received will then be addressed in a 

subsequent final rule based on the 

proposed rule. The EPA will not 

institute a second comment period on 

the proposed rule. All parties interested 

in commenting on the proposed rule 

should do so at this time. If no such 

comments are received, the public is 

advised that this rule will be effective 

on November 27, 2009 and no further 

action will be taken on the proposed 

rule. Please note that if EPA receives 

adverse comment on an amendment, 

paragraph, or section of this rule and if 

that provision may be severed from the 

remainder of the rule, EPA may adopt 

as final those provisions of the rule that 

are not the subject of an adverse 

comment. 

III. Statutory and Executive Order 

Reviews: Under the Clean Air Act, the 

Administrator is required to approve a 

TIP submission that complies with the 

provisions of the Act and applicable 

Federal regulations. 42 U.S.C. 7410(k); 

40 CFR 52.02(a). Thus, in reviewing TIP 

submissions, EPA’s role is to approve 

tribal choices, provided that they meet 

the criteria of the Clean Air Act. 

Accordingly, this action merely 

approves tribal law as meeting Federal 

requirements and does not impose 

additional requirements beyond those 

imposed by tribal law. For that reason, 

this action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the Clean Air Act; 

and 

• Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). Since 

this rule simply approves pre-existing 

tribal law, it does not result in any 

direct costs or preemption of tribal law 

as specified by Executive Order 13175 

(65 FR 67249, November 9, 2000). 

Nonetheless, EPA has consulted 

extensively with the Mohegan Tribe 

concerning this proposed TIP revision. 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this action and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). 

Under section 307(b)(1) of the Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by November 27, 

2009. Filing a petition for 

reconsideration by the Administrator of 

this final rule does not affect the finality 

of this action for the purposes of judicial 

review nor does it extend the time 

within which a petition for judicial 

review may be filed, and shall not 

postpone the effectiveness of such rule 

or action. Parties with objections to this 

direct final rule are encouraged to file a 

comment in response to the parallel 

notice of proposed rulemaking for this 

action published in the proposed rules 

section of today’s Federal Register, 

rather than file an immediate petition 

for judicial review of this direct final 

rule, so that EPA can withdraw this 

direct final rule and address the 

comment in the proposed rulemaking. 

This action may not be challenged later 

in proceedings to enforce its 

requirements. (See section 307(b)(2).) 

List of Subjects in 40 CFR Part 49 

Environmental protection, 

Administrative practice and procedure, 

Air pollution control, Incorporation by 

reference, Indians, Intergovernmental 

relations, Reporting and recordkeeping 

requirements. 

Dated: August 13, 2009. 

Ira Leighton, 

Acting Regional Administrator, EPA New 

England. 

■ Part 49 of chapter I, title 40 of the 

Code of Federal Regulations is amended 

as follows: 

PART 49—[AMENDED] 

■ 1. The authority citation for part 49 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

Subpart D—[Amended] 

■ 2. Section 49.201 is amended by 

revising paragraph (b) and (c) to read as 

follows: 

§ 49.201 Identification of plan. 

* * * * * 

(b) Incorporation by reference. (1) 

Material listed in paragraph (c) of this 

section was approved for incorporation 

by reference by the Director of the 

Federal Register in accordance with 5 

U.S.C. 552(a) and 1 CFR part 51. 

Material is incorporated as it exists on 

the date of the approval, and notice of 

any change in the material will be 

published in the Federal Register. 

Entries in paragraph (c) of this section 

with EPA approval dates after August 

13, 2009, will be incorporated by 


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49330 Federal Register / Vol. 74, No. 186 / Monday, September 28, 2009 / Rules and Regulations 

reference in the next update to the TIP 

compilation. 

(2) EPA Region 1 certifies that the 

rules/regulations provided by EPA in 

the TIP compilation at the addresses in 

paragraph (b)(3) of this section are an 

exact duplicate of the officially 

promulgated tribal rules/regulations 

which have been approved as part of the 

Tribal Implementation Plan as of August 

13, 2009. 

(3) Copies of the materials 

incorporated by reference may be 

inspected at the New England Regional 

Office of EPA at One Congress Street, 

Suite 1100, Boston, MA 02114–2023; 

the U.S. Environmental Protection 

Agency, EPA Docket Center (EPA/DC), 

Air and Radiation Docket and 

Information Center, MC 2822T, 1200 

Pennsylvania Avenue, NW., 

Washington, DC 20460 and the National 

Archives and Records Administration. If 

you wish to obtain material from the 

EPA Regional Office, please call 617– 

918–1653; for materials from the docket 

in EPA Headquarters Library, please call 

the Office of Air and Radiation docket 

at 202–566–1742. For information on 

the availability of this material at 

NARA, call 202–741–6030, or go to: 

http://www.archives.gov/ 

federal_register/ 

code_of_federal_regulations/ 

ibr_locations.html. 

(c) EPA-approved regulations. 

EPA-APPROVED MOHEGAN TRIBE OF INDIANS OF CONNECTICUT REGULATIONS

Tribal citation Title/subject Tribal effective 

date EPA approval date Explanations 

Mohegan Tribal Resolution.

2009–28 ........................

Approval of Amended Tribal Air 

Program Area Wide NOX Emission Limitation Regulation.

02/18/2009 09/29/09 [Insert Federal Register 

page number where the document begins].

Mohegan Tribal Resolution 2009–28 includes the ‘‘Area 

Wide NOx Emission 

Limitation Regulation.’’ 

Mohegan Tribal Gaming 

Authority Resolution 

MTGA 2009–07.

Confirmation and Approval of 

Amended Tribal Air Program 

‘‘Area Wide NOX Emission Limitation Regulation.’’.

2/18/2009 09/29/09 [Insert Federal Register 

page number where the document begins].

Memorandum of Agreement.Memorandum of Agreement dated 

December 26, 2006, between the 

Mohegan Tribe of Indians of Connecticut and the U.S. Environmental Protection Agency Region 

I.

12/26/06 11/14/07, 72 FR 63988..

[FR Doc. E9–23259 Filed 9–25–09; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Land Management 

43 CFR Parts 3000 and 3200 

[L13100000 PP0000 LLWO310000; L1990000 

PO0000 LLWO320000] 

RIN 1004–AE01 

Minerals Management: Adjustment of 

Cost Recovery Fees 

AGENCY: Bureau of Land Management, 

Interior. 

ACTION: Final rule. 

SUMMARY: This final rule amends the 

Bureau of Land Management (BLM) 

mineral resources regulations to update 

some fees that cover the BLM’s cost of 

processing certain documents relating to 

its mineral programs and some filing 

fees for mineral-related documents. 

These updates include fees for actions 

such as lease applications, name 

changes, corporate mergers, and lease 

consolidations. 

DATES: This final rule is effective 

October 1, 2009. 

ADDRESSES: You may send inquiries or 

suggestions to Director (630), Bureau of 

Land Management, MS–LS 401, 1849 C 

Street, NW., Washington, DC 20240; 

Attention: RIN 1004–AE01. 

FOR FURTHER INFORMATION CONTACT: 

Steve Salzman, Acting Chief, Division of 

Fluid Minerals, (202) 452–7777, or Faith 

Bremner, Regulatory Affairs Analyst, 

(202) 452–5042. Persons who use a 

telecommunications device for the deaf 

(TDD) may leave a message for these 

individuals with the Federal 

Information Relay Service (FIRS) at 

1–800–877–8339, 24 hours a day, 7 days 

a week. 

SUPPLEMENTARY INFORMATION: 

I. Background 

The BLM has specific authority to 

charge fees for processing applications 

and other documents relating to public 

lands under Section 304 of the Federal 

Land Policy and Management Act of 

1976 (FLPMA), 43 U.S.C. 1734. In 2005, 

the BLM published a final cost recovery 

rule (70 FR 58854) establishing or 

revising certain fees and service charges, 

and establishing the method it would 

use to adjust those fees and service 

charges on an annual basis. 

At 43 CFR 3000.12(a), the regulations 

provide that the BLM will annually 

adjust fees established in Subchapter C 

according to changes in the Implicit 

Price Deflator for Gross Domestic 

Product (IPD–GDP), which is published 

quarterly by the U.S. Department of 

Commerce. See also 43 CFR 3000.10. 

Because the fee recalculations are 

simply based on a mathematical 

formula, we have changed the fees in 

this final rule without providing 

opportunity for notice and comment. 

This final rule will allow the BLM to 

update these fees and service charges by 

October 1 of this year, as required by the 

2005 regulation. The public had an 

opportunity to comment on this 

procedure during the comment period 

on the original cost recovery rule, and 

this new rule simply administers the 

procedure set forth in those regulations. 

The Department of the Interior, 

therefore, for good cause finds under 5 

U.S.C. 553(b)(B) and (d)(3) that notice 

and public comment procedures are 

unnecessary and that the rule may be 

effective less than 30 days after 

publication. 

II. Discussion of Final Rule 

BLM publishes a fee update rule each 

year, which becomes effective on 

October 1 of that year. The fee updates 

are based on the IPD–GDP for the 4th 


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