Federal Register / Vol. 87, No. 8 / Wednesday, January 12, 2022 / Rules and Regulations 1671 

comments are posted at regulations.gov 

under ID BIS–2020–0038. Based on 

issues raised by some of the public 

comments, BIS may consider some 

modifications for the final rule. Some of 

the comments described the necessary 

compliance measures that industry 

would have to complete to comply with 

the October 21, 2021 rule and, on that 

basis, requested that BIS delay the rule’s 

effective date in order to allow industry 

sufficient time to update the requisite 

compliance procedures and for BIS to 

provide additional public guidance. BIS 

agrees that it is important to allow 

enough time for industry to implement 

the compliance measures and 

procedures necessary to comply with 

the published interim final rule, as well 

as for BIS to provide the public with 

additional guidance. Therefore, BIS is 

delaying the effective date of the 

October 21, 2021 interim final rule by 

45 days, to March 7, 2022. This action 

does not extend or reopen the comment 

period for BIS’s previous request for 

comments on the interim final rule. 

Export Control Reform Act of 2018 

On August 13, 2018, the President 

signed into law the John S. McCain 

National Defense Authorization Act for 

Fiscal Year 2019, which included the 

Export Control Reform Act of 2018 

(ECRA), 50 U.S.C. Sections 4801–4852. 

ECRA provides the legal basis for BIS’s 

principal authorities and serves as the 

authority under which BIS issues this 

action. 

Thea D. Rozman Kendler, 

Assistant Secretary for Export 

Administration. 

[FR Doc. 2022–00448 Filed 1–11–22; 8:45 am] 

BILLING CODE 3510–33–P 

DEPARTMENT OF THE INTERIOR 

Office of Natural Resources Revenue 

30 CFR Part 1241 

[Docket No. ONRR–2021–0002; DS63644000 

DRT000000.CH7000 223D1113RT] 

RIN 1012–AA31 

2022 Civil Monetary Penalty Inflation 

Adjustments 

AGENCY: Office of Natural Resources 

Revenue (‘‘ONRR’’), Interior. 

ACTION: Final rule. 

SUMMARY: 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 

12, 2022. 

FOR FURTHER INFORMATION CONTACT: For 

questions on procedural issues, contact 

Luis Aguilar, Regulatory Specialist, by 

telephone at (303) 231–3148 or email to 

ONRR_RegulationsMailbox@onrr.gov. 

For questions on technical issues, 

contact Michael Marchetti, Enforcement 

Program Manager, by telephone at (303) 

231–3125 or 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 and 13563) 

B. Regulatory Flexibility Act 

C. Small Business Regulatory Enforcement 

Fairness 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 

The Secretary of the Interior 

(‘‘Secretary’’) is authorized, under 30 

U.S.C. 1719(a)–(d), 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 Federal Civil Penalties 

Inflation Adjustment Act of 1990, as 

amended by the Federal Civil Penalties 

Inflation Adjustment Act Improvements 

Act of 2015 (Pub. L. 114–74) (the ‘‘2015 

Act’’) (collectively referred to herein as 

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 

Office of Management and Budget 

(‘‘OMB’’) Memorandum No. M–22–07, 

Implementation of Penalty Inflation 

Adjustments for 2022, Pursuant to the 

Federal Civil Penalties Inflation 

Adjustment Act Improvements Act of 

2015, December 15, 2021 (‘‘OMB 

Memorandum’’) specify that, for 

purposes of this rule, 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 October 2021 (October of 

the year in which ONRR’s last CMP 

adjustment was published), and October 

2020. The OMB Memorandum further 

specifies that the cost-of-living 

adjustment multiplier for 2022, not 

seasonally adjusted, is 1.06222 for CY 

2022 (the October 2021 CPI–U (276.589) 

divided by the October 2020 CPI–U 

(260.388) = 1.06222). ONRR used this 

guidance to calculate required inflation 

adjustments. Pursuant to the Inflation 

Adjustment Acts and OMB 

Memorandum, 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. 

30 CFR citation 

Current 

maximum 

penalty 

2022 

Inflation 

adjustment 

multiplier 

2022 

Adjusted 

maximum 

penalty 

1241.52(a)(2) ............................................................................................................................... $1,288 1.06222 $1,368 

1241.52(b) .................................................................................................................................... 12,891 1.06222 13,693 

1241.60(b)(1) ............................................................................................................................... 25,780 1.06222 27,384 


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1672 Federal Register / Vol. 87, No. 8 / Wednesday, January 12, 2022 / Rules and Regulations 

30 CFR citation 

Current 

maximum 

penalty 

2022 

Inflation 

adjustment 

multiplier 

2022 

Adjusted 

maximum 

penalty 

1241.60(b)(2) ............................................................................................................................... 64,452 1.06222 68,462 

III. Procedural Matters 

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 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 2015 Act 

requires agencies to adjust CMPs 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; 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: 

(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 


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Federal Register / Vol. 87, No. 8 / Wednesday, January 12, 2022 / Rules and Regulations 1673 

comments to Luis Aguilar, Regulatory 

Specialist at 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 (APA) 

The Inflation Adjustment Acts require 

agencies to publish annual inflation 

adjustments by January 15 of each year, 

notwithstanding section 553 of the APA. 

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 

CMPs required by the 2015 Act. See 

OMB Memorandum, M–22–07, at page 

3–4. Accordingly, ONRR is issuing the 

2022 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. 

Kimbra G. Davis, 

Director for the Office of Natural Resources 

Revenue. 

List of Subjects in 30 CFR Part 1241 

Administrative practice and 

procedure, Penalties. 

Administrative practice and 

procedure, Coal, Geothermal energy, 

Indian—lands, Mineral royalties, 

Natural gas, Oil and gas exploration, 

Penalties, Public lands—mineral 

resources. 

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: 

■ a. In paragraph (a)(2), by removing 

‘‘$1,288’’ and adding in its place 

‘‘$1,368’’. 

■ b. In paragraph (b) introductory text, 

by removing ‘‘$12,891’’ and adding in 

its place ‘‘$13,693’’. 

§ 1241.60 [Amended] 

■ 3. Amend § 1241.60: 

■ a. In paragraph (b)(1) introductory 

text, by removing ‘‘$25,780’’ and adding 

in its place ‘‘$27,384’’. 

■ b. In paragraph (b)(2), by removing 

‘‘$64,452’’ and adding in its place 

‘‘$68,462’’. 

[FR Doc. 2022–00165 Filed 1–11–22; 8:45 am] 

BILLING CODE 4335–30–P 

POSTAL SERVICE 

39 CFR Part 111 

Plus One Permanent Product 

AGENCY: Postal ServiceTM. 

ACTION: Final rule. 

SUMMARY: On November 10, 2021, the 

Postal Service (USPS®) filed a notice of 

intent to implement Plus One as a 

permanent product with the Postal 

Regulatory Commission (PRC), effective 

January 9, 2022. This final rule contains 

the revisions to Mailing Standards of 

the United States Postal Service, 

Domestic Mail Manual (DMM®) to adopt 

Plus One mailpiece as a permanent 

product. 

DATES: Effective date: January 9, 2022. 

FOR FURTHER INFORMATION CONTACT: Elke 

Reuning-Elliott at (202) 268–4068 or 

Jacqueline Erwin at (202) 268–2158. 

SUPPLEMENTARY INFORMATION: On 

November 10, 2021, the Postal Service 

filed a request to add Plus One as a new 

permanent product offering to USPS 

Marketing Mail saturation letters as a 

new optional feature. The Postal Service 

conducted a two-year market test of Plus 

One, beginning September 2019. 

Plus One is an advertising card 

mailed as an add-on mailpiece with a 

USPS Marketing Mail letters marriage 

mail envelope. The host mailpiece must 

be mailed as a commercial automation 

USPS Marketing Mail saturation 

marriage mail letter, with a minimum of 

90 percent of the mailing being 

saturation sorted. The remaining 10 

percent must be USPS Marketing Mail 

high density and/or high density plus 

letters. All mailpieces must be entered 

at the destinating sectional center 

facility, SCF, and the Plus One add-on 

card must be part of the same mailing 

as the host piece, addressed to the same 

delivery points. 

On January 4, 2022, the PRC favorably 

reviewed the addition of Plus One as a 

permanent Market Dominant product 

proposed by the Postal Service. The 

price and DMM revisions are scheduled 

to become effective on January 9, 2022. 

Final product information is available 

under Docket No. MC2022–20 (Order 

No. 6081) on the Postal Regulatory 

Commission’s website at www.prc.gov. 

* * * * * 

List of Subjects in 39 CFR Part 111 

Administrative practice and 

procedure, Postal Service. 

The Postal Service adopts the 

following changes to Mailing Standards 

of the United States Postal Service, 

Domestic Mail Manual (DMM), 

incorporated by reference in the Code of 

Federal Regulations. See 39 CFR 111.1. 

We will publish an appropriate 

amendment to 39 CFR part 111 to reflect 

these changes. 

Accordingly, 39 CFR part 111 is 

amended as follows: 

PART 111—[AMENDED] 

■ 1. The authority citation for 39 CFR 

part 111 continues to read as follows: 

Authority: 5 U.S.C. 552(a); 13 U.S.C. 301– 

307; 18 U.S.C. 1692–1737; 39 U.S.C. 101, 

401–404, 414, 416, 3001–3018, 3201–3220, 

3401–3406, 3621, 3622, 3626, 3629, 3631– 

3633, 3641, 3681–3685, and 5001. 

■ 2. Revise the Mailing Standards of the 

United States Postal Service, Domestic 

Mail Manual (DMM) as follows: 

Mailing Standards of the United States 

Postal Service, Domestic Mail Manual 

(DMM) 

* * * * * 

200 Commercial Letters, Flats, and 

Parcels Design Standards 

* * * * * 

204 Barcode Standards 

* * * * * 

3.0 Standards for Barcoded Tray 

Labels, Sack Labels, and Container 

Labels 

* * * * * 

3.2 Specifications for Barcoded Tray 

and Sack Labels 

* * * * * 

3.2.4 3-Digit Content Identifier 

Numbers 

Exhibit 3.2.4 3-Digit Content Identifier 

Numbers 

CLASS AND MAILING 

* * * * * 

[Revise Exhibit 3.2.4; to read as 

follows:] 


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