Federal Register / Vol. 83, No. 14 / Monday, January 22, 2018 / Rules and Regulations 2907 

excess of this amount against amounts 

otherwise due. 

(b) To the extent that revenue derived 

from fees imposed under the rates of 

fees established under § 514.2 are not 

expended or committed at the close of 

any fiscal year, such funds shall remain 

available until expended to defray the 

costs of operations of the Commission. 

§ 514.15 May tribes submit fingerprint 

cards to the Commission for processing? 

Tribes may submit fingerprint cards to 

the Commission for processing by the 

Federal Bureau of Investigation and the 

Commission may charge a fee to process 

fingerprint cards on behalf of the tribes. 

§ 514.16 How does the Commission adopt 

the fingerprint processing fee? 

(a) The Commission shall review 

annually the costs involved in 

processing fingerprint cards and, by a 

vote of not less than two of its members, 

shall adopt the fingerprint processing 

fee no later than November 1st of each 

year. 

(b) The Commission shall publish the 

fingerprint processing fee in a notice in 

the Federal Register. 

(c) The fingerprint processing fee 

shall be based on fees charged by the 

Federal Bureau of Investigation and 

costs incurred by the Commission. 

Commission costs include Commission 

personnel, supplies, equipment costs, 

and postage to submit the results to the 

requesting tribe. 

§ 514.17 How are fingerprint processing 

fees collected by the Commission? 

(a) Fees for processing fingerprint 

cards will be billed monthly to each 

Tribe for cards processed during the 

prior month. Tribes shall pay the 

amount billed within forty-five (45) 

days of the date of the bill. 

(b) The Chair may suspend fingerprint 

card processing for a tribe that has a bill 

remaining unpaid for more than fortyfive (45) days. 

(c) Remittances and other 

communications about fingerprint 

processing fees shall be sent to the 

Commission by the methods provided 

for in the rates of fees notice published 

in the Federal Register. 

Dated: January 9, 2018. 

Jonodev O. Chaudhuri, 

Chairman. 

Kathryn Isom-Clause, 

Vice Chair. 

E. Sequoyah Simermeyer, 

Associate Commissioner. 

[FR Doc. 2018–00877 Filed 1–19–18; 8:45 am] 

BILLING CODE 7565–01–P 

DEPARTMENT OF THE INTERIOR 

Office of Natural Resources Revenue 

30 CFR Part 1241 

[Docket No. ONRR–2017–0003; DS63644000 

DR2PS0000.CH7000 189D0102R2] 

RIN 1012–AA23 

Inflation Adjustments to Civil Monetary 

Penalty Rates for Calendar Year 2018 

AGENCY: Office of the Secretary, Office 

of Natural Resources Revenue, Interior. 

ACTION: Final rule. 

SUMMARY: The Office of Natural 

Resources Revenue (ONRR) publishes 

this final rule to increase our maximum 

civil monetary penalty (CMP) rates for 

inflation occurring between October 

2016 and October 2017. 

DATES: This rule is effective on January 

22, 2018. 

FOR FURTHER INFORMATION CONTACT: For 

questions on procedural issues, contact 

Armand Southall, Regulatory Specialist, 

by telephone at (303) 231–3221 or email 

to Armand.Southall@onrr.gov. For 

questions on technical issues, contact 

Geary Keeton, Chief of Enforcement, by 

telephone at (303) 231–3096 or email to 

Geary.Keeton@onrr.gov. You may obtain 

a paper copy of this rule by contacting 

Mr. Southall by phone or email. 

SUPPLEMENTARY INFORMATION: 

I. Background 

II. Inflation-Adjusted Maximum Rates 

III. Procedural Requirements 

A. Regulatory Planning and Review (E.O. 

12866) 

B. Regulatory Flexibility Act 

C. Small Business Regulatory Enforcement 

Fairness Act 

D. Unfunded Mandates Reform Act 

E. Takings (E.O. 12630) 

F. Federalism (E.O. 13132) 

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

H. Consultation With Indian Tribes (E.O. 

13175) 

I. Paperwork Reduction Act 

J. National Environmental Policy Act 

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

13211) 

L. Clarity of This Regulation 

M. Administrative Procedure Act 

I. Background 

The Federal Civil Penalties Inflation 

Adjustment Act of 1990, as amended by 

the Federal Civil Penalties Inflation 

Adjustment Act Improvements Act of 

2015 (collectively, ‘‘the Act’’), codified 

at 28 U.S.C.S. 2461 note (LEXIS through 

Pub. L. 115–90, approved 12/8/17), 

requires Federal agencies to adjust their 

civil monetary penalty (CMP) rates for 

inflation every year. 

In accordance with sections 4 and 5 

of the Act, the annual CMP inflation 

adjustment for 2018 is based on the 

percent change in the Consumer Price 

Index for all Urban Consumers (CPI–U) 

between October 2016 and October 

2017. The CPI–U for October 2016 was 

241.729, and for October 2017 was 

246.663, for an increase of 2.041%. In 

accordance with section 5(a) of the Act, 

the new maximum CMP rates must be 

rounded to the nearest whole dollar. In 

accordance with section 6 of the Act, 

the new maximum penalty rates will 

apply only to CMPs, including those 

which are associated with violations 

predating the increase, that are assessed 

after the date the increase takes effect. 

ONRR assesses CMPs under the 

Federal Oil and Gas Royalty 

Management Act, 30 U.S.C. 1719, and 

our regulations at 30 CFR part 1241. We 

calculate and assess CMPs per violation, 

at the applicable rate, for each day such 

violation continues. 

II. Inflation-Adjusted Maximum Rates 

This final rule increases the 

maximum CMP rates for each of the four 

categories of violations identified in 30 

U.S.C. 1719(a)–(d) and 30 CFR part 

1241. The following list identifies the 

existing ONRR regulations containing 

CMP rates and shows those rates before 

and after this increase. 

30 CFR citation Current 

penalty rate 

2018 

inflation 

adjustment 

multiplier 

2018 

adjusted 

penalty rate 

1241.52(a)(2) ............................................................................................................................... 1,196 1.02041 1,220 

1241.52(b) .................................................................................................................................... 11,967 1.02041 12,211 

1241.60(b)(1) ............................................................................................................................... 23,933 1.02041 24,421 

1241.60(b)(2) ............................................................................................................................... 59,834 1.02041 61,055 


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2908 Federal Register / Vol. 83, No. 14 / Monday, January 22, 2018 / Rules and Regulations 

IV. Procedural Requirements 

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 OMB will 

review all significant rules. OIRA has 

determined that this rule is not 

significant. 

E.O. 13563 reaffirms the principles of 

E.O. 12866, while calling for 

improvements in the Nation’s regulatory 

system to promote predictability, 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 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 

adjustments 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. 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. 

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, we are 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 

taking 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. Therefore, this rule 

does not require 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 we review all 

regulations to eliminate errors and 

ambiguity and to write them to 

minimize litigation. 

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

which requires that we write all 

regulations in clear language using clear 

legal standards. 

H. Consultation With Indian Tribal 

Governments (E.O. 13175) 

The Department strives to strengthen 

its government-to-government 

relationship with the Indian Tribes 

through a commitment to consultation 

with the Indian Tribes and recognition 

of their right to self-governance and 

Tribal sovereignty. Under the 

Department’s consultation policy and 

the criteria in E.O. 13175, we 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. 

(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. We 

are 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. 

. . .’’ We also have 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 

We are 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 we publish 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. 

(e) Use lists and tables wherever 

possible. 

If you feel that we have not met these 

requirements, send your comments to 

Armand.Southall@onrr.gov. Your 

comments should be as specific as 

possible. For example, you should tell 

us the numbers 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 Act requires agencies to publish 

annual inflation adjustments by no later 

than January 15 of each year, 

notwithstanding section 553 of the 

Administrative Procedure Act (APA) 

(5 U.S.C. 553). 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 Act requires. 

Accordingly, we are issuing the 2018 


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Federal Register / Vol. 83, No. 14 / Monday, January 22, 2018 / Rules and Regulations 2909 

1A full description of the remote operational 

system is outlined in the aforementioned 

publication, which can be found at http://

regulations.gov. (See ADDRESSES for more 

information). 

2 Detailed information concerning this second test 

deviation is contained in the Background, Purpose 

and Legal Basis paragraphs of the aforementioned 

publication, which can be found at http://

regulations.gov, (see ADDRESSES for more 

information). 

annual adjustments as a direct final rule 

without prior notice or an opportunity 

for comment and with an effective date 

immediately upon publication in the 

Federal Register. 

Section 553(b) of the Administrative 

Procedure Act (APA) provides that, 

when an agency for good cause finds 

that ‘‘notice and public procedure . . . 

are impracticable, unnecessary, or 

contrary to the public interest,’’ the 

agency may issue a rule without 

providing notice and an opportunity for 

prior public comment. Under section 

553(b), ONRR finds that there is good 

cause to promulgate this rule without 

first providing for public comment. 

ONRR is promulgating this final rule to 

implement the statutory directive in the 

Act, which requires agencies to publish 

a final rule and to update the civil 

penalty amounts by applying a specified 

formula. We have no discretion to vary 

the amount of the adjustment to reflect 

any views or suggestions provided by 

commenters. Accordingly, it would 

serve no purpose to provide an 

opportunity for public comment on this 

rule prior to promulgation. Thus, 

providing for notice and public 

comment is unnecessary. 

Furthermore, ONRR finds under 

section 553(d)(3) of the APA that good 

cause exists to make this direct final 

rule effective immediately upon 

publication in the Federal Register. In 

the Act, Congress expressly required 

Federal agencies to publish annual 

inflation adjustments to civil penalties 

in the Federal Register no later than 

January 15 of every year, 

notwithstanding section 553 of the APA. 

Under the statutory framework and 

OMB guidance, the new penalty levels 

are to take effect immediately upon 

publication. Moreover, an effective date 

after January 15 would delay 

application of the new penalty levels, 

contrary to Congress’s intent. 

List of Subjects in 30 CFR Part 1241 

Administrative practice and 

procedure, Civil penalties, Coal, 

Geothermal, Inflation, Mineral 

resources, Natural gas, Notices of noncompliance, Oil. 

Gregory J. Gould, 

Director for 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 

‘‘$1,196’’ and adding in its place 

‘‘$1,220.’’ 

■ b. In paragraph (b) introductory text, 

removing ‘‘$11,967’’ and adding in its 

place ‘‘$12,211.’’ 

§ 1241.60 [Amended] 

■ 3. Amend § 1241.60 by: 

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

text, removing ‘‘$23,933’’ and adding in 

its place ‘‘$24,421.’’ 

■ b. In paragraph (b)(2), removing 

‘‘$59,834’’ and adding in its place 

‘‘$61,055.’’ 

[FR Doc. 2018–00969 Filed 1–19–18; 8:45 am] 

BILLING CODE 4335–30–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2016–0257] 

Drawbridge Operation Regulation; 

Delaware River, Pennsauken 

Township, NJ 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of temporary deviation 

from regulations; reopening comment 

period. 

SUMMARY: The Coast Guard is reopening 

the comment period to solicit additional 

comments concerning its Notice of 

Temporary Deviation from the operating 

schedule that governs the DELAIR 

Memorial Railroad Bridge across the 

Delaware River, mile 104.6, at 

Pennsauken Township, NJ. This 

document is to provide additional 

opportunity for public comment. 

DATES: The comment period for the 

deviation published October 18, 2017, at 

82 FR 48419, is reopened. Comments 

and related material must reach the 

Coast Guard on or before March 2, 2018. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2016–0257 using Federal eRulemaking 

Portal at http://www.regulations.gov. 

See the ‘‘Public Participation and 

Request for Comments’’ portion of the 

SUPPLEMENTARY INFORMATION section 

below for instructions on submitting 

comments. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this test 

deviation, call or email Mr. Hal R. Pitts, 

Fifth Coast Guard District (dpb); 

telephone (757) 398–6222, email 

Hal.R.Pitts@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Background, Purpose and Legal Basis 

On April 12, 2017, we published a 

document in the Federal Register 

entitled, ‘‘Drawbridge Operation 

Regulation; Delaware River, Pennsauken 

Township, NJ’’ announcing a temporary 

deviation from the regulations, with 

request for comments (see 82 FR 17562). 

The purpose of the deviation was to test 

the newly installed remote operational 

capabilities of the DELAIR Memorial 

Railroad Bridge across the Delaware 

River, mile 104.6, at Pennsauken 

Township, NJ, owned and operated by 

Conrail Shared Assets. The installation 

of the remote operation system 

capabilities did not change the 

operational schedule of the bridge.1

On June 30, 2017, we published a 

notice of proposed rulemaking (NPRM) 

entitled, ‘‘Drawbridge Operation 

Regulation; Delaware River, Pennsauken 

Township, NJ’’ (see 82 FR 29800). The 

original comment period closed on 

August 18, 2017. 

On October 18, 2017, we published a 

document in the Federal Register 

entitled, ‘‘Drawbridge Operation 

Regulation; Delaware River, Pennsauken 

Township, NJ’’ announcing a temporary 

deviation from the regulations, with 

request for comments (see 82 FR 48419). 

This test deviation commenced at 8 a.m. 

on October 21, 2017, and will conclude 

at 7:59 a.m. on April 19, 2018. This 

notice included a request for comments 

and related material to reach the Coast 

Guard on or before January 15, 2018.2

On December 6, 2017, we published 

a notice of proposed rulemaking; 

reopening of comment period (NPRM); 

entitled ‘‘Drawbridge Operation 

Regulation; Delaware River, Pennsauken 

Township, NJ’’ in the Federal Register 

(see 82 FR 57561). It included a request 

for comments and related material to 

reach the Coast Guard on or before 

January 15, 2018. 

This document reopening the 

comment period ensures notice and 

opportunity to comment on the 

temporary deviation before we decide 

whether to make any changes to it. This 


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