13982 Federal Register / Vol. 89, No. 38 / Monday, February 26, 2024 / Rules and Regulations 

to debit the designated bank account 

identified to pay for postage through the 

Postal Service account of its choice. The 

agreement must have at least the 

following elements: Company Name (if 

applicable), Name and Title and 

Address of the person entering into the 

agreement, Contact Information (Phone 

Number, Fax Number and eMail 

Address as applicable), Date and 

Signature (or appropriate electronic 

signature evidence) of Agreement, 

Customer’s Bank Name, Bank Routing 

Number, Account Number and Account 

Type (Checking or Savings, Business or 

Personal) being agreed to transact upon, 

an Attestation that the person 

submitting the form is authorized to act 

on behalf of the account, and 

Termination Date of the Agreement (if 

applicable). A revision period until 

August 31, 2024, will be provided to 

update agreement forms to include the 

minimum data elements listed. The 

agreement must be stored for at least 

two years after termination of the 

agreement, must be easily reproducible, 

and must be provided electronically to 

the Postal Service within three business 

days of electronic written request by the 

Postal Service in a format that can be 

easily and readily used for all NACHA 

and ACH related purposes including, 

without limitation, audit and defense of 

claims. The Postal Service will provide 

specific written guidance separately if 

requested. Failure to comply may result 

in revocation of access to applicable 

Postal Service ACH programs. 

(4) Credit cards. Unless otherwise 

established in a written agreement 

between the Postal Service and the 

provider, the provider is fully 

responsible for its own credit card 

compliance. 

* * * * * 

(i) * * * 

(5) * * * 

(ii) * * * 

(C) Authorizes the PC Postage 

provider to disclose the customer’s 

personal information to the Postal 

Service, and such other information 

retained by the PC Postage provider that 

may enable the Postal Service to collect 

debts owed to it, and has the proper 

authority to disclose such information; 

* * * * * 

Sarah Sullivan, 

Attorney, Ethics & Legal Compliance. 

[FR Doc. 2024–03079 Filed 2–23–24; 8:45 am] 

BILLING CODE 7710–12–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Land Management 

43 CFR Parts 3160 and 9230 

[BLM_HQ_FRN_MO4500177329] 

RIN 1004–AE94 

Onshore Oil and Gas Operations and 

Coal Trespass—Annual Civil Penalties 

Inflation Adjustments 

AGENCY: Bureau of Land Management, 

Interior. 

ACTION: Final rule. 

SUMMARY: This final rule adjusts the 

amounts of civil monetary penalties 

contained in the Bureau of Land 

Management’s (BLM) regulations 

governing onshore oil and gas 

operations and coal trespass. This final 

rule is required by the Federal Civil 

Penalties Inflation Adjustment Act 

Improvements Act of 2015 and 

consistent with applicable Office of 

Management and Budget (OMB) 

guidance. The adjustments made by this 

final rule constitute the 2024 annual 

inflation adjustments and account for 

one year of inflation spanning the 

period from October 2022 through 

October 2023. 

DATES: This rule is effective on February 

26, 2024. 

FOR FURTHER INFORMATION CONTACT: For 

information regarding the BLM’s Fluid 

Minerals Program, please contact Yvette 

Fields, Division Chief, Fluid Minerals 

Division, telephone: 204–712–8358; 

email: yfields@blm.gov. For information 

regarding the BLM’s Solid Minerals 

Program, please contact Rebecca Good, 

Acting Division Chief, Solid Minerals 

Division, telephone: 307–251–3487; 

email: rgood@blm.gov. 

For questions relating to regulatory 

process issues, please contact Stephen 

Pollard, Division of Regulatory Affairs, 

email: spollard@blm.gov. 

Individuals in the United States who 

are deaf, deafblind, hard of hearing, or 

have a speech disability may dial 711 

(TTY, TDD, or TeleBraille) to access 

telecommunications relay services. 

Individuals outside the United States 

should use the relay services offered 

within their country to make 

international calls to the point-ofcontact in the United States. 

SUPPLEMENTARY INFORMATION: 

I. Background 

II. Calculation of 2024 Adjustments 

III. Procedural Requirements 

A. Administrative Procedure Act 

B. Regulatory Planning and Review 

(Executive Orders 12866 and 13563) 

C. Regulatory Flexibility Act 

D. Congressional Review Act 

E. Unfunded Mandates Reform Act 

F. Takings (E.O. 12630) 

G. Federalism (E.O. 13132) 

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

I. Consultation With Indian Tribes (E.O. 

13175 and Departmental Policy) 

J. Paperwork Reduction Act 

K. National Environmental Policy Act 

L. Effects on the Energy Supply (E.O. 

13211) 

I. Background 

On November 2, 2015, the Federal 

Civil Penalties Inflation Adjustment Act 

Improvements Act of 2015 (Sec. 701, 

Pub. L. 114–74) (the 2015 Act) became 

law, amending the Federal Civil 

Penalties Inflation Adjustment Act of 

1990 (Pub. L. 101–410). 

On an annual basis, the 2015 Act 

requires agencies to: 

1. Adjust the level of civil monetary 

penalties for inflation; and 

2. Report inflation adjustments in the 

Agency Financial Reports as directed by 

OMB Circular A–136, or any successor 

thereto. 

The purpose of these adjustments is to 

maintain the deterrent effect of civil 

monetary penalties and promote 

compliance with the law (see Sec 1, 

Pub. L. 101–410). 

As required by the 2015 Act, on June 

28, 2016, the BLM issued an interim 

final rule that adjusted the level of civil 

monetary penalties in BLM regulations 

with the initial ‘‘catch-up’’ adjustment 

(RIN 1004–AE46, 81 FR 41860). In 

subsequent years, the BLM has issued 

final rules, adjusting the level of civil 

monetary penalties for inflation, as 

appropriate for 2017 to 2023. 

OMB issued Memorandum M–24–07 

on December 19, 2023, entitled, 

Implementation of Penalty Inflation 

Adjustments for 2024, Pursuant to the 

Federal Civil Penalties Inflation 

Adjustment Act Improvements Act of 

2015, which explains agency 

responsibilities for identifying 

applicable penalties and calculating the 

annual adjustment for 2024 in 

accordance with the 2015 Act. 

II. Calculation of 2024 Adjustments 

In accordance with the 2015 Act and 

OMB Memorandum M–24–07, the BLM 

has identified applicable civil monetary 

penalties in its regulations and 

calculated the annual adjustments. A 

civil monetary penalty is any 

assessment with a dollar amount that is 

levied for a violation of a Federal civil 

statute or regulation and is assessed or 

enforceable through a civil action in 

Federal court or an administrative 

proceeding. A civil monetary penalty 

does not include a penalty levied for 

violation of a criminal statute, nor does 


khammond on DSKJM1Z7X2PROD with RULES
Federal Register / Vol. 89, No. 38 / Monday, February 26, 2024 / Rules and Regulations 13983 

it include fees for services, licenses, 

permits, or other regulatory review. The 

calculated annual inflation adjustments 

are based on the percentage change 

between the Consumer Price Index for 

all Urban Consumers (CPI–U) for the 

October preceding the date of the 

adjustment and the prior year’s October 

CPI–U. Consistent with guidance in 

OMB Memorandum M–24–07, the BLM 

divided the October 2023 CPI–U by the 

October 2022 CPI–U to calculate the 

multiplier. In this case, October 2023 

CPI–U (307.671)/October 2022 CPI–U 

(298.012) = 1.03241. OMB 

Memorandum M–24–07 confirms that 

this is the proper multiplier. (OMB 

Memorandum M–24–07 at 1.) 

The 2015 Act requires the BLM to 

adjust the civil penalty amounts in 43 

CFR 3163.2 and 9239.5–3(f)(1). To 

accomplish this, the BLM multiplied the 

current penalty amounts in those 

paragraphs by the multiplier set forth in 

OMB Memorandum M–24–07 (1.03241) 

to obtain the adjusted penalty amounts. 

The 2015 Act requires that the resulting 

amounts be rounded to the nearest $1.00 

at the end of the calculation process. 

The adjusted penalty amounts will 

take effect immediately upon 

publication of this rule. Pursuant to the 

2015 Act, the adjusted civil penalty 

amounts apply to civil penalties 

assessed after the date the increase takes 

effect, even if the associated violation 

predates such increase. This final rule 

adjusts the following civil penalties: 

CFR citation Description of the penalty Current 

penalty 

Adjusted 

penalty 

43 CFR 3163.2(b)(1) ....................... Failure to comply ....................................................................................... $1,291 $1,333 

43 CFR 3163.2(b)(2) ....................... If corrective action is not taken ................................................................. 12,924 13,343 

43 CFR 3163.2(d) ............................ If transporter fails to permit inspection for documentation ....................... 1,291 1,333 

43 CFR 3163.2(e) ............................ Failure to permit inspection, failure to notify ............................................. 25,847 26,685 

43 CFR 3163.2(f) ............................. False or inaccurate documents; unlawful transfer or purchase ................ 64,618 66,712 

43 CFR 9239.5–3(f)(1) .................... Coal exploration for commercial purposes without an exploration license 4,838 4,995 

III. Procedural Requirements 

A. Administrative Procedure Act 

In accordance with the 2015 Act, 

agencies must adjust civil monetary 

penalties ‘‘notwithstanding Section 553 

of the Administrative Procedure Act’’ 

(Sec. 4(b)(2), 2015 Act). The BLM is 

promulgating this 2024 inflation 

adjustment for civil penalties as a final 

rule pursuant to the provisions of the 

2015 Act and OMB guidance. A 

proposed rule is not required because 

the 2015 Act expressly exempts the 

annual inflation adjustments from the 

notice and comment requirements of the 

Administrative Procedure Act. In 

addition, the 2015 Act does not give the 

BLM any discretion to vary the amount 

of the annual inflation adjustment for 

any given penalty to reflect any views 

or suggestions provided by commenters. 

Accordingly, the BLM will not provide 

an opportunity for public comment on 

this rule. 

B. Regulatory Planning and Review 

(Executive Orders 12866, 14094 and 

13563) 

Executive Order (E.O.) 12866, as 

amended by 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 this rule is not 

significant. (See OMB Memorandum M– 

24–07 at 3). 

E.O. 13563 reaffirms the principles of 

E.O. 12866 while calling for 

improvements in the nation’s regulatory 

system to promote predictability and 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 have developed 

this rule in a manner that is consistent 

with these requirements to the extent 

permitted by the 2015 Act. 

C. Regulatory Flexibility Act 

The Regulatory Flexibility Act (RFA) 

requires an agency to prepare a 

regulatory flexibility analysis for all 

rules unless the agency certifies that the 

rule will not have a significant 

economic impact on a substantial 

number of small entities. The RFA 

applies only to rules for which an 

agency is required to first publish a 

proposed rule. See 5 U.S.C. 603(a) and 

604(a). The 2015 Act expressly exempts 

these annual inflation adjustments from 

the requirement to publish a proposed 

rule for notice and comment (see sec. 

4(b)(2), 2015 Act). Because the final rule 

in this case does not include publication 

of a proposed rule, the RFA does not 

apply to this final rule. 

D. Congressional Review Act 

This rule is not a major rule under the 

Congressional Review Act. This rule: 

(a) Will not have an annual effect on 

the economy of $100 million or more. 

(b) Will not cause a major increase in 

costs or prices for consumers, 

individual industries, Federal, State, or 

local government agencies, or 

geographic regions; and 

(c) Will not have significant adverse 

effects on competition, employment, 

investment, productivity, innovation, or 

the ability of U.S.-based enterprises to 

compete with foreign-based enterprises. 

E. Unfunded Mandates Reform Act 

This rule does not impose an 

unfunded mandate on State, local, or 

Tribal governments, or the private sector 

of more than $100 million per year. The 

rule does not have a significant or 

unique effect on State, local, or Tribal 

governments or the private sector. 

Therefore, a statement containing the 

information required by the Unfunded 

Mandates Reform Act (2 U.S.C. 1531 et 

seq.) is not required. 

F. Takings (E.O. 12630) 

This rule does not effect a taking of 

private property or otherwise have 

takings implications under E.O. 12630. 

Therefore, a takings implication 

assessment is not required. 

G. Federalism (E.O. 13132) 

Under the criteria in section 1 of E.O. 

13132, this rule does not have 

federalism implications that warrant the 

preparation of a federalism summary 

impact statement. Therefore, a 

federalism summary impact statement is 

not required. 

H. 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) 

requiring that all regulations be 

reviewed to eliminate errors and 


khammond on DSKJM1Z7X2PROD with RULES
13984 Federal Register / Vol. 89, No. 38 / Monday, February 26, 2024 / Rules and Regulations 

ambiguity and be written to minimize 

litigation; and 

(b) Meets the criteria of section 3(b)(2) 

requiring that all regulations be written 

in clear language and contain clear legal 

standards. 

I. Consultation With Indian Tribes (E.O. 

13175 and Departmental Policy) 

The Department of the Interior strives 

to strengthen its government-togovernment relationship with Indian 

Tribes through a commitment to 

consultation with Indian Tribes and 

recognition of their right to selfgovernance and tribal sovereignty. We 

have evaluated this rule under the 

Department’s consultation policy and 

under the criteria in E.O. 13175 and 

have determined that it has no 

substantial direct effects on federally 

recognized Indian Tribes and that 

consultation under the Department’s 

Tribal consultation policy is not 

required. 

J. Paperwork Reduction Act 

This rule does not contain 

information collection requirements, 

and a submission to OMB under the 

Paperwork Reduction Act (44 U.S.C. 

3501 et seq.) is not required. We may 

not conduct or sponsor, and you are not 

required to respond to, a collection of 

information unless it displays a 

currently valid OMB control number. 

K. National Environmental Policy Act 

(NEPA) 

This rule does not constitute a major 

federal action because of the nondiscretionary nature of the civil penalty 

adjustment as required by law (see 40 

CFR 1508.1(q)(1)(ii)). The Department of 

Labor’s Consumer Price Index sets the 

amount of the annual civil penalty 

adjustment to account for inflation as 

required by the Federal Civil Penalties 

Inflation Adjustment Act Improvements 

Act of 2015. Accordingly, BLM has no 

discretion in the execution of the civil 

penalty adjustments. Even if this were a 

discretionary action, which it is not, a 

detailed statement under NEPA would 

also not be required because, as a 

regulation of an administrative nature, 

this rule would otherwise be covered by 

a categorical exclusion. See 43 CFR 

46.210(i). BLM has determined that the 

rule does not implicate any of the 

extraordinary circumstances listed in 43 

CFR 46.215 that would prevent reliance 

on the categorical exclusion. Because 

this rule is not a major federal action, it 

is therefore not subject to the 

requirements of NEPA. 

L. Effects on the Energy Supply (E.O. 

13211) 

This rule is not a significant energy 

action under the definition in E.O. 

13211. Therefore, a Statement of Energy 

Effects is not required. 

List of Subjects 

43 CFR Part 3160 

Administrative practice and 

procedure; Government contracts; 

Indians—lands; Mineral royalties; Oil 

and gas exploration; Penalties; Public 

lands—mineral resources; Reporting 

and recordkeeping requirements. 

43 CFR Part 9230 

Penalties, Public lands. 

For the reasons given in the preamble, 

the BLM amends Chapter II of Title 43 

of the Code of Federal Regulations as 

follows: 

PART 3160—ONSHORE OIL AND GAS 

OPERATIONS 

■ 1. The authority citation for part 3160 

continues to read as follows: 

Authority: 25 U.S.C. 396d and 2107; 30 

U.S.C. 189, 306, 359, and 1751; 43 U.S.C. 

1732(b), 1733, 1740; and Sec. 107, Pub. L. 

114–74, 129 Stat. 599, unless otherwise 

noted. 

Subpart 3163—Noncompliance, 

Assessments, and Penalties 

§ 3163.2 [Amended] 

■ 2. In § 3163.2: 

■ a. In paragraphs (b)(1) and (d), remove 

‘‘$1,291’’ and add in its place ‘‘$1,333’’. 

■ b. In paragraph (b)(2), remove 

‘‘$12,924’’ and add in its place 

‘‘$13,343’’. 

■ c. In paragraph (e) introductory text, 

remove ‘‘$25,847’’ and add in its place 

‘‘$26,685’’. 

■ d. In paragraph (f) introductory text, 

remove ‘‘$64,618’’ and add in its place 

‘‘$66,712’’. 

PART 9230—TRESPASS 

■ 3.The authority citation for part 9230 

continues to read as follows: 

Authority: R.S. 2478; 43 U.S.C. 1201. 

Subpart 9239—Kinds of Trespass 

§ 9239.5–3 [Amended] 

■ 4. In § 9239.5–3(f)(1), remove 

‘‘$4,838’’ and add in its place ‘‘$4,995’’. 

This action by the Principal Deputy 

Assistant Secretary is taken pursuant to 

an existing delegation of authority. 

Steven H. Feldgus, 

Principal Deputy Assistant Secretary, Land 

and Minerals Management. 

[FR Doc. 2024–03842 Filed 2–23–24; 8:45 am] 

BILLING CODE 4331–29–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

49 CFR Part 372 

[Docket No. FMCSA–2023–0007] 

RIN 2126–AC57 

Exemption From Operating Authority 

Regulations for Providers of 

Recreational Activities 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), Department 

of Transportation (DOT). 

ACTION: Final rule. 

SUMMARY: FMCSA amends its 

regulations to implement the statutory 

exemption from its operating authority 

registration requirements for providers 

of recreational activities. The exemption 

applies to motor carriers operating a 

motor vehicle designed or used to 

transport between 9 and 15 passengers 

(including the driver), whether operated 

alone or with a trailer attached to the 

transport vehicle, if the motor vehicle is 

operated by a person that provides 

recreational activities within a 150 airmile radius of the location at which 

passengers initially boarded the motor 

vehicle at the beginning of the trip. 

FMCSA also defines recreational 

activities to clarify the exemption, 

adopting, in response to a comment, a 

definition modified from that proposed 

in the notice of proposed rulemaking 

(NPRM). 

DATES: This final rule is effective April 

26, 2024. 

Petitions for Reconsideration of this 

final rule must be submitted to the 

FMCSA Administrator no later than 

March 27, 2024. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Antonio Harris, Registration, Licensing 

and Insurance Division, Office of 

Research and Registration, FMCSA, 

1200 New Jersey Avenue SE, 

Washington, DC 20590–0001; (202) 366– 

2964; antonio.harris@dot.gov. If you 

have questions on viewing or submitting 

material to the docket, call Dockets 

Operations at (202) 366–9826. 


khammond on DSKJM1Z7X2PROD with RULES