Federal Register / Vol. 87, No. 49 / Monday, March 14, 2022 / Rules and Regulations 14177 

Act (5 U.S.C. 601 et seq. ), after 

considering the economic impacts of 

this action on small entities, I certify 

that this action will not have a 

significant economic impact on a 

substantial number of small entities. 

This action does not contain any 

unfunded mandates or significantly or 

uniquely affect small governments as 

described in Sections 202 and 205 of the 

Unfunded Mandates Reform Act of 1999 

(UMRA) (Pub. L. 104–4). This action 

does not create new binding legal 

requirements that substantially and 

directly affect Tribes under Executive 

Order 13175 (63 FR 67249, November 9, 

2000). This action does not have 

significant Federalism implications 

under Executive Order 13132 (64 FR 

43255, August 10, 1999). Because this 

action is exempt from review under 

Executive Order 12866, this rule is not 

subject to Executive Order 13211, 

entitled Actions Concerning Regulations 

That Significantly Affect Energy Supply, 

Distribution, or Use (66 FR 28355, May 

22, 2001) or Executive Order 13045, 

entitled Protection of Children from 

Environmental Health Risks and Safety 

Risks (62 FR 19885, April 23, 1997). 

This action does not contain any 

information collections subject to OMB 

approval under the Paperwork 

Reduction Act of 1995 (PRA), 44 U.S.C. 

3501 et seq., nor does it require any 

special considerations under Executive 

Order 12898, entitled Federal Actions to 

Address Environmental Justice in 

Minority Populations and Low-Income 

Populations (59 FR 7629, February 16, 

1994). 

This action does involve technical 

standards. Therefore, the requirements 

of section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272) (NTTAA) 

apply. The NTTAA was signed into law 

on March 7, 1996, and, among other 

things, directs the National Institute of 

Standards and Technology (NIST) to 

bring together Federal agencies as well 

as state and local governments to 

achieve greater reliance on voluntary 

consensus standards and decrease 

dependence on in-house standards. It 

states that use of such standards, 

whenever practicable and appropriate, 

is intended to achieve the following 

goals: (a) Eliminate the cost to the 

government of developing its own 

standards and decrease the cost of goods 

procured and the burden of complying 

with agency regulations; (b) provide 

incentives and opportunities to 

establish standards that serve national 

needs; (c) encourage long-term growth 

for U.S. enterprises and promote 

efficiency and economic competition 

through harmonization of standards; 

and (d) further the policy of reliance 

upon the private sector to supply 

government needs for goods and 

services. The Act requires that Federal 

agencies adopt private sector standards, 

particularly those developed by 

standards developing organizations 

(SDOs), whenever possible in lieu of 

creating proprietary, non-consensus 

standards. 

This action is compliant with the 

spirit and requirements of the NTTAA. 

This action allows for the use of the 

ASTM International standard known as 

Standard E1527–21 and entitled 

‘‘Standard Practice for Environmental 

Site Assessments: Phase I 

Environmental Site Assessment 

Process.’’ By taking this action, EPA is 

fulfilling the intent and requirements of 

the National Technology Transfer and 

Advancement Act of 1995 (NTTAA), 

Public Law 104–113. 

The Congressional Review Act, 5 

U.S.C. 801 et seq., generally provides 

that before certain actions may take 

effect, the agency promulgating the 

action must submit a report, which 

includes a copy of the action, to each 

House of the Congress and to the 

Comptroller General of the United 

States. EPA submitted a report 

containing this rule 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. This action is not 

a ‘‘major rule’’ as defined by 5 U.S.C. 

804(2). This rule is effective on May 13, 

2022 unless EPA receives adverse 

comment by May 13, 2022. 

List of Subjects in 40 CFR Part 312 

Administrative practice and 

procedure, Hazardous substances. 

Barry N. Breen, 

Acting Assistant Administrator, Office of 

Land and Emergency Management. 

For the reasons set out in the 

preamble, 40 CFR part 312 is amended 

as follows: 

PART 312—[AMENDED] 

■ 1. The authority citation for part 312 

continues to read as follows: 

Authority: Section 101(35)(B) of CERCLA, 

as amended, 42 U.S.C. 9601(3)(B). 

Subpart B—Definitions and References 

■ 2. Section 312.11 is amended by 

adding paragraph (c) to read as follows: 

§ 312.11 References. 

* * * * * 

(c) The procedures of ASTM 

International Standard E1527–21 

entitled ‘‘Standard Practice for 

Environmental Site Assessments: Phase 

I Environmental Site Assessment 

Process.’’ This standard is available 

from ASTM International at 

www.astm.org, 1–610–832–9585. 

[FR Doc. 2022–05259 Filed 3–11–22; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Land Management 

43 CFR Parts 3160 and 9230 

[212.LLHQ310000.L13100000.PP0000] 

RIN 1004–AE85 

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 

level of civil monetary penalties 

contained in the Bureau of Land 

Management’s (BLM) regulations 

governing onshore oil and gas 

operations and coal trespass as 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 penalty 

adjustments made by this final rule 

constitute the 2022 annual inflation 

adjustments, accounting for one year of 

inflation spanning the period from 

October 2020 through October 2021. 

DATES: This rule is effective on March 

14, 2022. 

FOR FURTHER INFORMATION CONTACT: For 

information regarding the BLM’s Fluid 

Minerals Program, please contact 

Rebecca Good, Deputy Division Chief, 

Fluid Minerals Division, telephone: 

307–251–3487; email: rgood@blm.gov. 

For information regarding the BLM’s 

Solid Minerals Program, please contact 

Lindsey Curnutt, Division Chief, Solid 

Minerals Division, telephone: 775–824– 

2910; email: lcurnutt@blm.gov. 

For questions relating to regulatory 

process issues, please contact Jennifer 

Noe, Division of Regulatory Affairs, 

email: jnoe@blm.gov. Persons who use a 

telecommunications device for the deaf 

(TDD) may call the Federal Relay 

Service (FRS) at 1–800–877–8339, 24 

hours a day, 7 days a week to contact 

the above individuals. 

SUPPLEMENTARY INFORMATION: 


jspears on DSK121TN23PROD with RULES1
14178 Federal Register / Vol. 87, No. 49 / Monday, March 14, 2022 / Rules and Regulations 

I. Background 

II. Calculation of 2022 Adjustments 

III. Procedural Requirements 

A. Administrative Procedure Act 

B. Regulatory Planning and Review 

(Executive Orders 12866 and 13563) 

C. Regulatory Flexibility Act 

D. Small Business Regulatory Enforcement 

Fairness 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 of 

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

law, amending the Federal Civil 

Penalties Inflation Adjustment Act of 

1990 (Pub. L. 101–410). 

The 2015 Act requires agencies to: 

1. Adjust the level of civil monetary 

penalties for inflation with an initial 

‘‘catch-up’’ adjustment through an 

interim final rulemaking in 2016; 

2. Make subsequent annual 

adjustments for inflation beginning in 

2017; and 

3. Report annually in Agency 

Financial Reports on these inflation 

adjustments. 

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, 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), which was 

published on June 28, 2016, and became 

effective on July 28, 2016. On January 

19, 2017, the BLM published a final rule 

(RIN 1004–AE49, 82 FR 6305) updating 

the civil penalty amounts to the 2017 

annual adjustment levels. Final rules 

updating the civil penalty amounts to 

2018, 2019, 2020, and 2021 annual 

adjustment levels were published in 

subsequent years (RIN 1004–AE51, 83 

FR 3992; RIN 1004–AE56, 84 FR 22379; 

RIN 1004–AE67, 85 FR 10617; and RIN 

1004–AE77, 86 FR 30548, respectively). 

OMB issued Memorandum M–22–07 

on December 15, 2021, (Implementation 

of Penalty Inflation Adjustments for 

2022, Pursuant to the Federal Civil 

Penalties Inflation Adjustment Act 

Improvements Act of 2015) explaining 

agency responsibilities for identifying 

applicable penalties and calculating the 

annual adjustment for 2022 in 

accordance with the 2015 Act. 

II. Calculation of 2022 Adjustments 

In accordance with the 2015 Act and 

OMB Memorandum M–22–07, 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 

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–22–07, the BLM 

divided the October 2021 CPI–U by the 

October 2020 CPI–U to calculate the 

multiplier. In this case, October 2021 

CPI–U (276.589)/October 2020 CPI–U 

(260.388) = 1.06222. OMB 

Memorandum M–22–07 confirms that 

this is the proper multiplier. (OMB 

Memorandum M–22–07 at 1 and n.4.) 

The 2015 Act requires the BLM to 

adjust the civil penalty amounts in 43 

CFR 3163.2 and 43 CFR 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–22–07 (1.06222) 

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 ....................................................................................... $1,128 $1,198 

43 CFR 3163.2(b)(2) ....................... If corrective action is not taken ................................................................. 11,292 11,995 

43 CFR 3163.2(d) ............................ If transporter fails to permit inspection for documentation ....................... 1,128 1,198 

43 CFR 3163.2(e) ............................ Failure to permit inspection, failure to notify ............................................. 22,584 23,989 

43 CFR 3163.2(f) ............................. False or inaccurate documents; unlawful transfer or purchase ................ 56,460 59,973 

43 CFR 9239.5–3(f)(1) .................... Coal exploration for commercial purposes without an exploration license 4,227 4,490 

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 2022 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, since 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, it would serve 

no purpose to provide an opportunity 

for public comment on this rule. 

B. 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 this rule is not 

significant. (See OMB Memorandum 

M–22–07) 

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 


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Federal Register / Vol. 87, No. 49 / Monday, March 14, 2022 / Rules and Regulations 14179 

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 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. 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) 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 sufficient 

federalism implications to 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 

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 

A detailed statement under the 

National Environmental Policy Act of 

1969 (NEPA) is not required because, as 

a regulation of an administrative nature, 

the rule is covered by a categorical 

exclusion (see 43 CFR 46.210(i)). We 

have also determined that the rule does 

not involve any of the extraordinary 

circumstances listed in 43 CFR 46.215 

that would require further analysis 

under 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 paragraph (b)(1), remove 

‘‘$1,128’’ and add in its place ‘‘$1,198’’. 

■ b. In paragraph (b)(2), remove 

‘‘$11,292’’ and add in its place 

‘‘$11,995’’. 

■ c. In paragraph (d), remove ‘‘$1,128’’ 

and add in its place ‘‘$1,198’’. 

■ d. In paragraph (e) introductory text, 

remove ‘‘$22,584’’ and add in its place 

‘‘$23,989’’. 

■ e. In paragraph (f) introductory text, 

remove ‘‘$56,460’’ and add in its place 

‘‘$59,973’’. 

PART 9230—TRESPASS 

■ 3. The authority citation for part 9230 

continues to read as follows: 

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

Subpart 9239—Kinds of Trespass 

§ 9239.5–3 [Amended] 

■ 4. In § 9239.5–3(f)(1), remove 

‘‘$4,227’’ and add in its place ‘‘$4,490’’. 

Laura Daniel-Davis, 

Principal Deputy Assistant Secretary, Land 

and Minerals Management. 

[FR Doc. 2022–05351 Filed 3–11–22; 8:45 am] 

BILLING CODE 4310–84–P 


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