Federal Register / Vol. 87, No. 53 / Friday, March 18, 2022 / Rules and Regulations 15333 

1The FCPIAA Improvements Act amended the 

Federal Civil Penalties Inflation Adjustment Act of 

1990. Public Law 101–410 (codified at 28 U.S.C. 

2461 note). 

2Under the FCPIAA Improvements Act, Federal 

agencies are required to adjust their civil monetary 

penalties for inflation with an initial ‘‘catch-up’’ 

adjustment through an interim final rulemaking in 

2016 and are required to make subsequent inflation 

adjustments not later than January 15 annually, 

beginning in 2017. Public Law 114–74, sec. 

701(b)(1). 

3Specifically, Congress directed that agencies 

adjust civil monetary penalties ‘‘notwithstanding 

section 553 of title 5, United States Code 

[Administrative Procedure Act (APA)],’’ which 

generally requires prior notice of proposed 

rulemaking, opportunity for public comment on 

proposed rulemaking, and publication of a final 

rule at least 30 days before its effective date. 

FCPIAA Improvements Act, sec. 701(b)(1)(D); APA, 

5 U.S.C. 553. OMB confirmed this interpretation of 

the FCPIAA Improvements Act. OMB M–22–07 at 

3–4 (‘‘This means that the public procedure the 

APA generally requires—notice, an opportunity for 

comment, and a delay in effective date—is not 

required for agencies to issue regulations 

implementing the annual adjustment.’’). 

DEPARTMENT OF THE INTERIOR 

Bureau of Ocean Energy Management 

30 CFR Parts 550 and 553 

[Docket ID: BOEM–2022–0004] 

RIN 1010–AE10 

2022 Civil Penalties Inflation 

Adjustments for Oil, Gas, and Sulfur 

Operations in the Outer Continental 

Shelf 

AGENCY: Bureau of Ocean Energy 

Management, Interior. 

ACTION: Final rule. 

SUMMARY: This final rule implements 

the 2022 inflation adjustments to the 

maximum daily civil monetary penalties 

contained in the Bureau of Ocean 

Energy Management (BOEM) regulations 

for violations of the Outer Continental 

Shelf Lands Act (OCSLA) and the Oil 

Pollution Act of 1990 (OPA), pursuant 

to the Federal Civil Penalties Inflation 

Adjustment Act Improvements Act of 

2015 (FCPIAA Improvements Act) and 

relevant Office of Management and 

Budget (OMB) guidance. The 2022 

adjustment multiplier of 1.06222 

accounts for 1 year of inflation from 

October 2020 through October 2021. 

DATES: This rule is effective on March 

18, 2022. 

FOR FURTHER INFORMATION CONTACT: 

Peter Meffert, Chief, Regulations, 

Bureau of Ocean Energy Management, at 

(703) 787–1610 or by email at 

peter.meffert@boem.gov. 

SUPPLEMENTARY INFORMATION: 

I. Legal Authority 

II. Background 

III. Calculation of 2022 Adjustments 

IV. Procedural Requirements 

A. Statutes 

1. National Environmental Policy Act 

2. Regulatory Flexibility Act 

3. Paperwork Reduction Act 

4. Unfunded Mandates Reform Act 

5. Small Business Regulatory Enforcement 

Fairness Act 

6. Congressional Review Act 

B. Executive Orders (E.O.) 

1. Governmental Actions and Interference 

With Constitutionally Protected Property 

Rights (E.O. 12630) 

2. Regulatory Planning and Review (E.O. 

12866); Improving Regulation and 

Regulatory Review (E.O. 13563) 

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

4. Federalism (E.O. 13132) 

5. Consultation and Coordination With 

Indian Tribal Governments (E.O. 13175) 

6. Actions Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use (E.O. 13211) 

I. Legal Authority 

OCSLA authorizes the Secretary of the 

Interior (the Secretary) to impose a daily 

civil monetary penalty for a violation of 

OCSLA or its implementing regulations, 

leases, permits, or orders and directs the 

Secretary to adjust the maximum 

penalty at least every 3 years to reflect 

any inflation increase in the Consumer 

Price Index. 43 U.S.C. 1350(b)(1). 

Similarly, OPA authorizes civil 

monetary penalties for failure to comply 

with OPA’s financial responsibility 

provisions or its implementing 

regulations. 33 U.S.C. 2716a(a). OPA 

does not include a maximum daily civil 

penalty inflation adjustment provision. 

Id. 

The FCPIAA Improvements Act 1

requires that Federal agencies publish 

inflation adjustments to their civil 

monetary penalties in the Federal 

Register not later than January 15 

annually.2 Public Law 114–74, sec. 

701(b)(1). The purposes behind these 

inflation adjustments are to maintain 

the deterrent effect of civil penalties and 

to further the policy goals of the 

underlying statutes. Federal Civil 

Penalties Inflation Adjustment Act of 

1990, Public Law 101–410, sec. 2 

(codified at 28 U.S.C. 2461 note). 

II. Background 

BOEM implemented the 2021 

inflation adjustment for its civil 

monetary penalties through a final rule, 

‘‘2021 Civil Penalties Inflation 

Adjustments for Oil, Gas, and Sulfur 

Operations in the Outer Continental 

Shelf,’’ published in the Federal 

Register on April 15, 2021, which 

accounted for inflation for the 12-month 

period between October 2019 and 

October 2020. 86 FR 19782 (April 15, 

2021). 

The OMB Memorandum M–22–07 

(‘‘Implementation of Penalty Inflation 

Adjustments for 2022, Pursuant to the 

Federal Civil Penalties Inflation 

Adjustment Act Improvements Act of 

2015’’; available at https://

www.whitehouse.gov/wp-content/ 

uploads/2021/12/M-22-07.pdf) explains 

agency responsibilities under the 

FCPIAA Improvements Act that include 

identifying applicable penalties and 

performing the annual adjustment; 

publishing revisions to regulations to 

implement the adjustment in the 

Federal Register; applying adjusted 

penalty levels; and performing agency 

oversight of inflation adjustments. 

Pursuant to the FCPIAA 

Improvements Act, this final rule 

implements BOEM’s 2022 inflation 

adjustments to OCSLA and OPA 

maximum daily civil monetary 

penalties. A proposed rule is 

unnecessary, as the FCPIAA 

Improvements Act expressly exempts 

annual civil penalty inflation 

adjustments from the Administrative 

Procedure Act’s (APA) notice of 

proposed rulemaking, public comment, 

and standard effective date provisions. 

FCPIAA Improvements Act, Public Law 

114–74, sec. 701(b)(1)(D); APA, 5 U.S.C. 

553.3

III. Calculation of 2022 Adjustments 

In accordance with the FCPIAA 

Improvements Act, BOEM determined 

that OCSLA and OPA maximum daily 

civil monetary penalties require annual 

inflation adjustments and is issuing this 

final rule adjusting those penalty 

amounts for inflation through October 

2021. The annual inflation adjustment is 

based on the percent 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 OMB M–22–07, the 

2022 inflation adjustment multiplier can 

be calculated by dividing the October 

2021 CPI–U by the October 2020 CPI– 

U. In this case, October 2021 CPI–U 

(276.589)/October 2020 CPI–U (260.388) 

= 1.06222. 

For 2022, BOEM multiplied the 

current OCSLA maximum daily civil 

monetary penalty of $46,000 by the 

multiplier 1.06222 to equal $48,862.12. 

The FCPIAA Improvements Act requires 

that the resulting amount then be 

rounded to the nearest dollar. 

Accordingly, the 2022 adjusted OCSLA 

maximum daily civil monetary penalty 

is $48,862. 

For 2022, BOEM multiplied the 

current OPA maximum daily civil 

monetary penalty amount of $48,762 by 

the multiplier 1.06222 to equal 

$51,795.97. The FCPIAA Improvements 


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15334 Federal Register / Vol. 87, No. 53 / Friday, March 18, 2022 / Rules and Regulations 

4See Office of Mgmt. & Budget, Exec. Office of 

the President, OMB M–19–14, Guidance on 

Compliance with the Congressional Review Act 

(2019), available at https://www.whitehouse.gov/ 

wp-content/uploads/2019/04/M-19-14.pdf; OMB 

Memorandum M–22–07 at 3. 

5 5 U.S.C. 804(2). 6See OMB Memorandum M–22–07 at 3. 

Act requires that the resulting amount 

then be rounded to the nearest dollar. 

Accordingly, the 2022 adjusted OPA 

maximum daily civil monetary penalty 

is $51,796. 

The adjusted penalty amounts take 

effect immediately upon publication of 

this rule. Under the FCPIAA 

Improvements Act, the adjusted 

amounts apply to civil penalties 

assessed after the date the increase takes 

effect, even if the associated violation 

predates the increase. 

This table summarizes BOEM’s 2022 

maximum daily civil monetary penalties 

for each OCSLA and OPA violation: 

CFR citation Description of the penalty 

Current 

maximum 

penalty 

Multiplier 

Adjusted 

maximum 

penalty 

30 CFR 550.1403 (OCSLA) ............................ Failure to comply per day per violation ......... $46,000 1.06222 $48,862 

30 CFR 553.51(a) (OPA) ................................ Failure to comply per day per violation ......... 48,762 1.06222 51,796 

IV. Procedural Requirement 

A. Statutes 

1. National Environmental Policy Act 

This rule does not constitute a major 

Federal action significantly affecting the 

quality of the human environment. A 

detailed statement under the National 

Environmental Policy Act (NEPA, 42 

U.S.C. 4321 et seq.) is not required 

because, as a regulation of an 

administrative and fiscal nature, this 

rule is covered by a categorical 

exclusion. See 43 CFR 46.210(i). BOEM 

also has determined that the rule does 

not implicate any of the extraordinary 

circumstances listed in 43 CFR 46.215 

that would require further analysis 

under NEPA. Therefore, a detailed 

statement under NEPA is not required. 

2. Regulatory Flexibility Act 

The Regulatory Flexibility Act (RFA, 

5 U.S.C. 601 et seq.) 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 FCPIAA Improvements Act 

expressly exempts these annual 

inflation adjustments from the 

requirement to publish a proposed rule 

for notice and comment. FCPIAA 

Improvements Act, Public Law 114–74, 

sec. 701(b)(1)(D); OMB M–22–07 at 3–4. 

Thus, the RFA does not apply to this 

rulemaking. 

3. Paperwork Reduction Act 

This rule does not contain 

information collection requirements, 

and, therefore, a submission to OMB 

under the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.) is not required. 

4. Unfunded Mandates Reform Act 

This rule does not impose an 

unfunded mandate on State, local, or 

Tribal governments, or on the private 

sector, of more than $164 million per 

year. The rule does not have a 

significant or unique effect on State, 

local, or Tribal governments, or on the 

private sector. Therefore, a statement 

containing the information required by 

the Unfunded Mandates Reform Act (2 

U.S.C. 1501 et seq.) is not required. 

5. Small Business Regulatory 

Enforcement Fairness Act 

This rule is not a major rule under 5 

U.S.C. 804(2). 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. 

6. Congressional Review Act 

Pursuant to the Congressional Review 

Act (5 U.S.C. 801 et seq.) and OMB 

guidance,4 this rule is not a major rule, 

as defined by that act.5

B. Executive Orders (E.O.) 

1. Governmental Actions and 

Interference With Constitutionally 

Protected Property Rights (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. 

2. Regulatory Planning and Review (E.O. 

12866); Improving Regulation and 

Regulatory Review (E.O. 13563) 

E.O. 12866 provides that the Office of 

Information and Regulatory Affairs 

(OIRA) will review all significant rules. 

OIRA has determined that annual civil 

penalty inflation adjustment rules are 

not significant if they exclusively 

implement the annual inflation 

adjustment consistent with OMB 

guidance and have an annual impact of 

less than $100 million.6 This rule meets 

those conditions and, thus, is not a 

significant rule. 

E.O. 13563 reaffirms the principles of 

E.O. 12866, while calling for 

improvements in the Nation’s regulatory 

system to reduce uncertainty and to 

promote predictability and for the use of 

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 further 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. However, BOEM is 

not using science in this rulemaking, as 

Congress directed agencies to adjust the 

maximum daily civil monetary penalty 

amounts using a particular equation, 

and BOEM does not have discretion to 

use any other factor in the adjustment. 

BOEM has developed this rule in a 

manner consistent with the 

requirements in E.O. 13563, to the 

extent relevant and feasible given the 

limited discretion provided agencies 

under the FCPIAA Improvements Act. 

3. 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 


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Federal Register / Vol. 87, No. 53 / Friday, March 18, 2022 / Rules and Regulations 15335 

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

requiring that all regulations be written 

in clear language and contain clear legal 

standards. 

4. 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. This rule merely 

adjusts the level of civil monetary 

penalties that BOEM may impose on its 

lessees and has no effects on any action 

of State or local governments. Therefore, 

a federalism summary impact statement 

is not required. 

5. Consultation and Coordination With 

Indian Tribal Governments (E.O. 13175) 

The Department of the Interior and 

BOEM strive to strengthen their 

government-to-government 

relationships with Indian Tribes 

through a commitment to consultation 

with Indian Tribes and recognition of 

their right to self-governance and Tribal 

sovereignty. BOEM has evaluated this 

rule under the Department of the 

Interior’s consultation policy, under 

Departmental Manual part 512 chapters 

4 and 5, and under the criteria in E.O. 

13175 and determined that this rule has 

no substantial direct effects on federally 

recognized Indian Tribes or Alaska 

Native Claims Settlement Act (ANCSA) 

Corporations and that consultation 

under the Department of the Interior’s 

and BOEM’s Tribal and ANCSA 

consultation policies is not required. 

6. Actions Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use (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. 

This action by the Principal Deputy 

Assistant Secretary is taken herein 

pursuant to an existing delegation of 

authority. 

List of Subjects 

30 CFR Part 550 

Administrative practice and 

procedure, Continental shelf, 

Environmental impact statements, 

Environmental protection, Federal 

lands, Government contracts, 

Investigations, Mineral resources, Oil 

and gas exploration, Outer continental 

shelf, Penalties, Pipelines, Reporting 

and recordkeeping requirements, Rightsof-way, Sulfur. 

30 CFR Part 553 

Administrative practice and 

procedure, Continental shelf, Financial 

responsibility, Liability, Limit of 

liability, Oil and gas exploration, Oil 

pollution, Outer continental shelf, 

Penalties, Pipelines, Reporting and 

recordkeeping requirements, Rights-ofway, Surety bonds, Treasury securities. 

Laura Daniel-Davis, 

Principal Deputy Assistant Secretary, Land 

and Minerals Management. 

For the reasons stated in the 

preamble, BOEM amends 30 CFR parts 

550 and 553 as follows: 

PART 550—OIL AND GAS AND 

SULPHUR OPERATIONS IN THE 

OUTER CONTINENTAL SHELF 

■ 1. The authority citation for part 550 

continues to read as follows: 

Authority: 30 U.S.C. 1751; 31 U.S.C. 9701; 

43 U.S.C. 1334. 

■ 2. Revise § 550.1403 to read as 

follows: 

§ 550.1403 What is the maximum civil 

penalty? 

The maximum civil penalty is 

$48,862 per day per violation. 

PART 553—OIL SPILL FINANCIAL 

RESPONSIBILITY FOR OFFSHORE 

FACILITIES 

■ 3. The authority citation for part 553 

is revised to read as follows: 

Authority: 33 U.S.C. 2704, 2716, as 

amended. 

■ 4. Revise § 553.51(a) to read as 

follows: 

§ 553.51 What are the penalties for not 

complying with this part? 

(a) If you fail to comply with the 

financial responsibility requirements of 

OPA at 33 U.S.C. 2716 or with the 

requirements of this part, then you may 

be liable for a civil penalty of up to 

$51,796 per COF per day of violation 

(that is, each day a COF is operated 

without acceptable evidence of OSFR). 

* * * * * 

[FR Doc. 2022–05633 Filed 3–17–22; 8:45 am] 

BILLING CODE 4310–MR–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2020–0375; FRL–9472–01– 

OCSPP] 

Bicyclopyrone; Pesticide Tolerances 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes 

tolerances for residues of bicyclopyrone 

in or on banana; broccoli; hop, dried 

cones; horseradish; onion, bulb; onion, 

green; papaya; strawberry; sweet potato, 

tuber; timothy, forage; timothy, hay and 

watermelon. Syngenta Crop Protection, 

LLC., requested these tolerances under 

the Federal Food, Drug, and Cosmetic 

Act (FFDCA). 

DATES: This regulation is effective 

March 18, 2022. Objections and requests 

for hearings must be received on or 

before May 17, 2022 and must be filed 

in accordance with the instructions 

provided in 40 CFR part 178 (see also 

Unit I.C. of the SUPPLEMENTARY

INFORMATION). 

ADDRESSES: The docket for this action, 

identified by docket identification (ID) 

number EPA–HQ–OPP–2020–0375, is 

available at https://www.regulations.gov 

or at the Office of Pesticide Programs 

Regulatory Public Docket (OPP Docket) 

in the Environmental Protection Agency 

Docket Center (EPA/DC), West William 

Jefferson Clinton Bldg., Rm. 3334, 1301 

Constitution Ave. NW, Washington, DC 

20460–0001. The Public Reading Room 

is open from 8:30 a.m. to 4:30 p.m., 

Monday through Friday, excluding legal 

holidays. The telephone number for the 

Public Reading Room is (202) 566–1744, 

and the telephone number for the OPP 

Docket is (703) 305–5805. 

Due to the public health concerns 

related to COVID–19, the EPA Docket 

Center (EPA/DC) and Reading Room is 

open to visitors by appointment only. 

For the latest status information on 

EPA/DC services and access, visit 

https://www.epa.gov/dockets. 

FOR FURTHER INFORMATION CONTACT: 

Marietta Echeverria, Registration 

Division (7505P), Office of Pesticide 

Programs, Environmental Protection 

Agency, 1200 Pennsylvania Ave. NW, 

Washington, DC 20460–0001; main 

telephone number: (703) 305–7090; 

email address: RDFRNotices@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this action apply to me? 

You may be potentially affected by 

this action if you are an agricultural 

producer, food manufacturer, or 

pesticide manufacturer. The following 

list of North American Industrial 

Classification System (NAICS) codes is 

not intended to be exhaustive, but rather 

provides a guide to help readers 

determine whether this document 

applies to them. Potentially affected 

entities may include: 

• Crop production (NAICS code 111). 

• Animal production (NAICS code 

112). 


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