3884 Federal Register / Vol. 89, No. 14 / Monday, January 22, 2024 / Rules and Regulations 

effective September 15, 2023, is 

amended as follows: 

Paragraph 2006 United States Area 

Navigation Routes. 

* * * * * 

Q–476 Jamestown, NY (JHW) to NWTON, NJ [New] 

Jamestown, NY (JHW) VOR/DME (Lat. 42°11′18.99′′ N, long. 079°07′16.71′′ W) 

WLKES, PA WP (Lat. 41°16′22.57′′ N, long. 075°41′21.60′′ W) 

NWTON, NJ WP (Lat. 40°59′45.19′′ N, long. 074°52′09.21′′ W) 

* * * * * Paragraph 6011 United States Area 

Navigation Routes. 

* * * * * 

T–393 GAILS, MA to Burlington, VT (BTV) [Amended] 

GAILS, MA FIX (Lat. 41°52′08.51′′ N, long. 070°24′07.69′′ W) 

Providence, RI (PVD) VOR/DME (Lat. 41°43′27.63′′ N, long. 071°25′46.71′′ W) 

Putnam, CT (PUT) VOR/DME (Lat. 41°57′19.66′′ N, long. 071°50′38.74′′ W) 

Gardner, MA (GDM) VOR/DME (Lat. 42°32′45.32′′ N, long. 072°03′29.48′′ W) 

KEYNN, NH WP (Lat. 42°47′39.99′′ N, long. 072°17′30.35′′ W) 

LBNON, NH WP (Lat. 43°40′44.43′′ N, long. 072°12′58.18′′ W) 

Montpelier, VT (MPV) VOR/DME (Lat. 44°05′07.72′′ N, long. 072°26′57.71′′ W) 

Burlington, VT (BTV) VOR/DME (Lat. 44°23′49.58′′ N, long. 073°10′57.49′′ W) 

* * * * * 

Issued in Washington, DC, on January 11, 

2024. 

Frank Lias, 

Manager, Rules and Regulations Group. 

[FR Doc. 2024–00803 Filed 1–19–24; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF THE INTERIOR 

Office of Natural Resources Revenue 

30 CFR Part 1241 

[Docket No. ONRR–2022–0003; DS63644000 

DR2000000.CH7000 245D1113RT] 

RIN 1012–AA36 

2024 Civil Monetary Penalty Inflation 

Adjustments 

AGENCY: Office of Natural Resources 

Revenue (ONRR), Interior. 

ACTION: Final rule. 

SUMMARY: Pursuant to the Federal Civil 

Penalties Inflation Adjustment Act of 

1990, as amended by the Federal Civil 

Penalties Inflation Adjustment Act 

Improvements Act of 2015 (referred to 

herein as the ‘‘Inflation Adjustment 

Acts’’), and Office of Management and 

Budget (OMB) guidance, ONRR is 

adjusting for inflation the civil monetary 

penalty (CMP) amounts it assesses 

under the Federal Oil and Gas Royalty 

Management Act of 1982 (FOGRMA). 

DATES: This rule is effective on January 

22, 2024. 

FOR FURTHER INFORMATION CONTACT: For 

questions on procedural issues, contact 

Ginger Hensley, Regulatory Specialist, 

by telephone at (303) 231–3171 or by 

email to Ginger.Hensley@onrr.gov. For 

questions on technical issues, contact 

Michael Marchetti, Enforcement 

Program Manager, by telephone at (303) 

231–3125 or by email to 

Michael.Marchetti@onrr.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

II. ONRR’s Inflation-Adjusted Maximum 

Rates 

III. Procedural Matters 

A. Regulatory Planning and Review 

(Executive Orders 12866, 13563, and 

14094) 

B. Regulatory Flexibility Act 

C. Congressional Review Act 

D. Unfunded Mandates Reform Act 

E. Takings (Executive Order 12630) 

F. Federalism (Executive Order 13132) 

G. Civil Justice Reform (Executive Order 

12988) 

H. Consultation With Indian Tribes 

(Executive Order 13175) 

I. Paperwork Reduction Act 

J. National Environmental Policy Act 

K. Effects on the Energy Supply (Executive 

Order 13211) 

L. Clarity of This Regulation 

M. Administrative Procedure Act 

I. Background 

FOGRMA, at 30 U.S.C. 1719(a) 

through (d), authorizes the Secretary of 

the Interior (‘‘Secretary’’) to assess CMPs 

for royalty reporting and other 

violations. Pursuant to authority 

delegated to it by the Secretary, ONRR 

published regulations at 30 CFR part 

1241 implementing the Secretary’s CMP 

authority. The Inflation Adjustment 

Acts require Federal agencies to publish 

annual CMP inflation adjustments in the 

Federal Register by January 15th of each 

year. 

The Inflation Adjustment Acts and 

OMB Memorandum No. M–24–07, 

December 19, 2023, (‘‘OMB 

Memorandum’’) specify that the annual 

inflation adjustments are based on the 

percent change between the Consumer 

Price Index for all Urban Consumers 

(‘‘CPI–U’’) published by the Department 

of Labor for the month of October in the 

year of the previous adjustment, and the 

October CPI–U for the preceding year. 

The OMB Memorandum further 

specifies that the cost-of-living 

adjustment multiplier for 2024, not 

seasonally adjusted, is 1.03241 for CY 

2024 (the October 2023 CPI–U (307.671) 

divided by the October 2022 CPI–U 

(298.012) = 1.03241). ONRR used this 

guidance to calculate required inflation 

adjustments. Pursuant to the Inflation 

Adjustment Acts, any increases in CMPs 

are rounded to the nearest whole dollar 

and the new maximum penalty rates 

apply to CMPs assessed after the date 

the increase takes effect. 

II. ONRR’s Inflation-Adjusted 

Maximum Rates 

This final rule increases the 

maximum CMP dollar amounts for each 

of the four violation categories 

identified in 30 U.S.C. 1719(a)–(d) and 

implemented by 30 CFR part 1241. The 

following table identifies the applicable 

ONRR regulations, the dollar amounts 

set forth in the regulations, and the 

adjusted amounts. 


ddrumheller on DSK120RN23PROD with RULES1
Federal Register / Vol. 89, No. 14 / Monday, January 22, 2024 / Rules and Regulations 3885 

30 CFR citation 

Current 

maximum 

penalty 

2024 Inflation 

adjustment 

multiplier 

2024 Adjusted 

maximum 

penalty 

1241.52(a)(2) ......................................................................................................................... $1,474 1.03241 $1,522 

1241.52(b) .............................................................................................................................. 14,754 1.03241 15,232 

1241.60(b)(1) ......................................................................................................................... 29,505 1.03241 30,461 

1241.60(b)(2) ......................................................................................................................... 73,764 1.03241 76,155 

III. Procedural Matters 

A. Regulatory Planning and Review 

(Executive Orders 12866, 13563, and 

14094) 

Executive Order (‘‘E.O.’’) 12866, as 

reaffirmed by E.O. 13563 and E.O. 

14094, provides that the Office of 

Information and Regulatory Affairs 

(OIRA) in the OMB will review all 

significant rules. OIRA has determined 

that agency regulations intended only to 

implement the annual inflation 

adjustments are not significant, 

provided they are consistent with the 

OMB Memorandum. Because ONRR is 

only implementing the annual inflation 

adjustments in this final rule, this rule 

is not significant under E.O. 12866. 

E.O. 13563 reaffirms the principles of 

E.O. 12866, while calling for 

improvements in the United States’ 

regulatory system to promote 

predictability, to reduce uncertainty, 

and to use the 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 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. ONRR 

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 an 

adjustment 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. Congressional Review Act 

This rule is not a major rule under 5 

U.S.C. 804(2), the Congressional Review 

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; and 

(c) Does not have significant adverse 

effects on competition, employment, 

investment, productivity, innovation, or 

the ability of United States-based 

enterprises to compete with foreignbased 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, ONRR is 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 

takings 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. 

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 ONRR review all 

regulations to eliminate errors and 

ambiguity and to write them to 

minimize litigation; and 

(b) Meets the criteria of section 

3(b)(2), which requires that ONRR write 

all regulations in clear language, using 

clear legal standards. 

H. Consultation With Indian Tribal 

Governments (E.O. 13175) 

The Department of the Interior 

(‘‘DOI’’) 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. 

Under the DOI’s consultation policy and 

the criteria in E.O. 13175, ONRR 

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; 

and 

(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. 

ONRR is 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. . . .’’ ONRR also has 

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 

ONRR is 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 ONRR publishes must: 


ddrumheller on DSK120RN23PROD with RULES1
3886 Federal Register / Vol. 89, No. 14 / Monday, January 22, 2024 / Rules and Regulations 

1On October 13, 2023, the State submitted a letter 

to EPA withdrawing its request to revise subsection 

(3) of Rule 62–296.320. Thus, EPA is not acting on 

Rule 62–296.320(3). For further information, please 

see the docket for this rulemaking, which includes 

Florida’s October 13, 2023, withdrawal letter. 

2On April 1, 2022, FDEP submitted a number of 

SIP revisions to Chapter 62–296, Stationary 

Sources. These other SIP revisions not described 

herein will be acted on through other rulemakings. 

(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 ONRR has not met 

these requirements, send your 

comments to ONRR_

RegulationsMailbox@onrr.gov. Your 

comments should be as specific as 

possible. For example, you should 

identify the number 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 

The Act requires agencies to publish 

annual inflation adjustments by January 

15 of each year, notwithstanding section 

553 of the Administrative Procedure 

Act. 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 2015 Act 

requires. See OMB Memorandum, M– 

24–07, at pages 3–4. Accordingly, ONRR 

is issuing the 2024 annual adjustments 

as a final rule without prior notice or an 

opportunity for comment and with an 

effective date immediately upon 

publication in the Federal Register. 

List of Subjects in 30 CFR Part 1241 

Administrative practice and 

procedure, Coal, Geothermal energy, 

Indian—lands, Mineral royalties, 

Natural gas, Oil and gas exploration, 

Penalties, Public lands—mineral 

resources. 

Howard M. Cantor, 

Director, 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 

■ 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. 

§ 1241.52 [Amended] 

■ 2. Amend § 1241.52 by: 

■ a. In paragraph (a)(2), removing 

‘‘$1,474’’ and adding in its place 

‘‘$1,522’’. 

■ b. In paragraph (b) introductory text, 

removing ‘‘$14,754’’ and adding in its 

place ‘‘$15,232’’. 

§ 1241.60 [Amended] 

■ 3. Amend § 1241.60 by: 

■ a. In paragraph (b)(1), removing 

‘‘$29,505’’ and adding in its place 

‘‘$30,461’’. 

■ b. In paragraph (b)(2), removing 

‘‘$73,764’’ and adding in its place 

‘‘$76,155’’. 

[FR Doc. 2024–01110 Filed 1–19–24; 8:45 am] 

BILLING CODE 4335–30–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2022–0660; FRL–11572– 

02–R4] 

Air Plan Approval; Florida; 

Miscellaneous SIP Changes 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving changes to 

the Florida State Implementation Plan 

(SIP), submitted by the Florida 

Department of Environmental Protection 

(FDEP) on April 1, 2022. The final rule 

revision corrects definitions, updates 

and removes outdated references, 

clarifies rule applicability in several 

rules within the Florida SIP, and 

removes methods to determine visible 

emissions. EPA is approving the 

changes because they are consistent 

with the Clean Air Act (CAA or Act). 

DATES: This rule is effective February 

21, 2024. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R04–OAR– 

2022–0660. All documents in the docket 

are listed on the regulations.gov 

website. Although listed in the index, 

some information may not be publicly 

available, i.e., Confidential Business 

Information 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 Air Regulatory Management Section, 

Air Planning and Implementation 

Branch, Air and Radiation Division, 

U.S. Environmental Protection Agency, 

Region 4, 61 Forsyth Street SW, Atlanta, 

Georgia 30303–8960. EPA requests that 

you contact the person 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 a.m. to 

4:30 p.m., excluding Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Tiereny Bell, Air Regulatory 

Management Section, Air Planning and 

Implementation Branch, Air and 

Radiation Division, Region 4, U.S. 

Environmental Protection Agency, 61 

Forsyth Street SW, Atlanta, Georgia 

30303–8960. The telephone number is 

(404) 562–9088. Ms. Bell can also be 

reached via electronic mail at 

bell.tiereny@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On April 1, 2022, FDEP submitted a 

SIP revision to EPA regarding Chapter 

62–296, Florida Administrative Code 

(F.A.C.), Stationary Sources, of the 

Florida SIP. In Florida’s April 1, 2022, 

submission, the State is requesting that 

EPA approve changes to the following 

rules in the Florida SIP: Rule 62– 

296.320(4), General Pollutant Emission 

Limiting Standards; 1 Rule 62–296.406, 

Fossil Fuel Steam Generators with Less 

Than 250 Million Btu Per Hour Heat 

Input, New and Existing Emissions 

Units; Rule 62–296.602, Primary LeadAcid Battery Manufacturing Operations; 

Rule 62–296.603, Secondary Lead 

Smelting Operations; Rule 62–296.604, 

Electric Arc Furnace Equipped 

Secondary Steel Manufacturing 

Operations; Rule 62–296.700, 

Reasonably Available Control 

Technology (RACT) Particulate Matter; 

Rule 62–296.702, Fossil Fuel Steam 

Generators; Rule 62–296.704, Asphalt 

Concrete Plants; Rule 62–296.705, 

Phosphate Processing Operations; Rule 

62–296.707, Electric Arc Furnaces; Rule 

62–296.708, Sweat or Pot Furnaces; 

Rule 62–296.711, Materials Handling, 

Sizing, Screening, Crushing and 

Grinding Operations; and Rule 62– 

296.712, Miscellaneous Manufacturing 

Process Operations.2


ddrumheller on DSK120RN23PROD with RULES1