5718 Federal Register / Vol. 90, No. 11 / Friday, January 17, 2025 / Rules and Regulations 

APPENDIX A—TABLE 2B TO SUBPART E OF PART 59—REACTIVITY FACTORS FOR ALIPHATIC HYDROCARBON SOLVENT

MIXTURES—APPLICABLE PRIOR TO JULY 17, 2025—Continued 

Bin 

Average 

boiling 

point * 

(degrees F) 

Criteria 

Reactivity 

factor 

(g O3/g VOC) 

20 ........................ >460–580 Alkanes (8 to 22% Aromatics) ................................................................................................... 1.49 

* Average Boiling Point = (Initial Boiling Point + Dry Point)/2(b) Aromatic Hydrocarbon Solvents. 

IV. Appendix A—Table 2C Under 40 CFR 

Part 59, Subpart E 

APPENDIX A—TABLE 2C TO SUBPART E OF PART 59—REACTIVITY FACTORS FOR AROMATIC HYDROCARBON SOLVENT

MIXTURES—APPLICABLE PRIOR TO JULY 17, 2025 

Bin 

Boiling 

range 

(degrees F) 

Criteria 

Reactivity 

factor 

(g O3/g VOC) 

21 ........................ 280–290 Aromatic Content (≥98%) .......................................................................................................... 7.37 

22 ........................ 320–350 Aromatic Content (≥98%) .......................................................................................................... 7.51 

23 ........................ 355–420 Aromatic Content (≥98%) .......................................................................................................... 8.07 

24 ........................ 450–535 Aromatic Content (≥98%) .......................................................................................................... 5.00 

V. Appendix A—Table 3 Under 40 CFR Part 

59, Subpart E 

APPENDIX A—TABLE 3 TO SUBPART E OF PART 59—METHODS—APPLICABLE PRIOR TO JULY 17, 2025 

Method name Description 

CARB 310 (2005) or ........................................... Determination of Volatile Organic Compounds (VOC) in Consumer Products and Reactive Organic Compounds in Aerosol Coating Products (May 5, 2005), (incorporated by reference, 

see § 59.515) or 

Method EPA 311 ................................................ Analysis of Hazardous Air Pollutant Compounds in Paints and Coatings by Direct Injection into 

a Gas Chromatograph; 

SCAQMD Method 318–95 .................................. Determination of Weight Percent Elemental Metal in Coatings by X-ray Diffraction, July, 1996, 

(incorporated by reference, see § 59.515). 

ASTM Method D523–89 (Reapproved 1999) ..... Standard Test Method for Specular Gloss, (incorporated by reference, see § 59.515). 

[FR Doc. 2025–00436 Filed 1–16–25; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Land Management 

43 CFR Part 3160 

43 CFR Part 9230 

[PO4820000251] 

RIN 1004–AF00 

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 is 

consistent with applicable Office of 

Management and Budget (OMB) 

guidance. The adjustments made by this 

final rule constitute the 2025 annual 

inflation adjustments and account for 

one year of inflation spanning the 

period from October 2023 through 

October 2024. 

DATES: This rule is effective on January 

17, 2025. 

FOR FURTHER INFORMATION CONTACT: For 

information regarding the BLM’s Fluid 

Minerals Program, please contact John 

Ajak, Acting Division Chief, Fluid 

Minerals Division, telephone: 505–549– 

9654; email: jajak@blm.gov. For 

information regarding the BLM’s Solid 

Minerals Program, please contact 

Matthew Marsh, Acting Division Chief, 

Solid Minerals Division, telephone: 

307–431–1113; email: mmarsh@

blm.gov. 

For questions relating to the 

regulatory process, 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) 


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Federal Register / Vol. 90, No. 11 / Friday, January 17, 2025 / Rules and Regulations 5719 

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 2024. 

On December 17, 2024, OMB issued 

Memorandum M–25–02, which explains 

agency responsibilities for identifying 

applicable penalties and calculating the 

annual adjustment for 2025 in 

accordance with the 2015 Act. 

II. Calculation of 2024 Adjustments 

In accordance with the 2015 Act and 

OMB Memorandum M–25–02, 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–25–02, the BLM 

divided the October 2024 CPI–U by the 

October 2023 CPI–U to calculate the 

multiplier. In this case, October 2024 

CPI–U (315.66)/October 2023 CPI–U 

(306.671) = 1.02598. OMB 

Memorandum M–25–02 confirms that 

this is the proper multiplier. (OMB 

Memorandum M–25–02 at 2.) 

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–25–02 (1.02598) 

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 .......................................................... $1,333 $1,368 

43 CFR 3163.2(b)(2) .................................................... If corrective action is not taken .................................... 13,343 13,690 

43 CFR 3163.2(d) ......................................................... If transporter fails to permit inspection for documentation.1,333 1,368 

43 CFR 3163.2(e) ......................................................... Failure to permit inspection, failure to notify ................ 26,685 27,378 

43 CFR 3163.2(f) .......................................................... False or inaccurate documents; unlawful transfer or 

purchase.

66,712 68,445 

43 CFR 9239.5–3(f)(1) ................................................. Coal exploration for commercial purposes without an 

exploration license.

4,995 5,125 

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– 

25–02 at 4). 

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 


KHAMMOND on DSK9W7S144PROD with RULES
5720 Federal Register / Vol. 90, No. 11 / Friday, January 17, 2025 / Rules and Regulations 

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 

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 landsmineral 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. 701, 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 

‘‘$1,333’’ and add in its place ‘‘$1,368’’. 

■ b. In paragraph (b)(2), remove 

‘‘$13,343’’ and add in its place 

‘‘$13,690’’. 

■ c. In paragraph (d), remove ‘‘$1,333’’ 

and add in its place ‘‘$1,368’’. 

■ d. In paragraph (e) introductory text, 

remove ‘‘$26,685’’ and add in its place 

‘‘$27,378’’. 

■ e. In paragraph (f) introductory text, 

remove ‘‘$66,712’’ and add in its place 

‘‘$68,445’’. 

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 

‘‘$4,995’’ and add in its place ‘‘$5,125’’. 


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Federal Register / Vol. 90, No. 11 / Friday, January 17, 2025 / Rules and Regulations 5721 

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. 2025–01073 Filed 1–16–25; 8:45 am] 

BILLING CODE 4331–29–P 

CORPORATION FOR NATIONAL AND 

COMMUNITY SERVICE 

45 CFR Part 2522 

RIN 3045–AA84 

AmeriCorps State and National 

Updates 

AGENCY: Corporation for National and 

Community Service. 

ACTION: Final rule. 

SUMMARY: The Corporation for National 

and Community Service (operating as 

AmeriCorps) is revising regulations 

governing the number of terms for 

which AmeriCorps will fund living 

allowances and other benefits for 

AmeriCorps State and National 

members. Specifically, this rule 

increases the flexibility of the current 

rule by providing that AmeriCorps 

funding may be used for living 

allowances and other benefits for 

members for as long as it takes the 

members to either earn the aggregate 

value of two full-time Segal Education 

Awards or four terms, whichever is 

longer. 

DATES: This rule is effective January 17, 

2025. 

FOR FURTHER INFORMATION CONTACT: 

Jennifer Bastress Tahmasebi, Deputy 

Director, AmeriCorps State and 

National, at JBastressTahmasebi@

americorps.gov, (202) 606–6667; or 

Elizabeth Appel, Associate General 

Counsel, at EAppel@americorps.gov, 

(202) 967–5070. 

SUPPLEMENTARY INFORMATION: 

I. Background 

II. Overview of Final Rule (§ 2522.235) 

III. Response to Public Comments 

A. Comments in Support of Proposed Rule 

B. Comments in Opposition to Proposed 

Rule 

C. Comments Requesting Changes to 

Proposed Rule 

IV. Regulatory Analyses 

A. Executive Orders 12866 and 13563 

B. Regulatory Flexibility Act 

C. Small Business Regulatory Enforcement 

Fairness Act (SBREFA) 

D. Unfunded Mandates Reform Act of 1995 

E. Paperwork Reduction Act 

F. Executive Order 13132, Federalism 

G. Takings (Executive Order 12630) 

H. Civil Justice Reform (Executive Order 

12988) 

I. Consultation with Indian Tribes 

(Executive Order 13175) 

I. Good Cause for Immediate Effective Date 

I. Background 

The National and Community Service 

Act of 1990, as amended, 42 U.S.C. 

12501 et seq., aims to encourage United 

States citizens to engage in national 

service and to expand education 

opportunity by rewarding individuals 

who participate in national service with 

an increased ability to pursue higher 

education. Specifically, the Act 

establishes the National Service Trust 

and authorizes AmeriCorps to use funds 

from that Trust to provide education 

awards to eligible individuals who have 

fulfilled a term of service in an 

approved national service position and 

meet other applicable requirements. The 

Act also requires AmeriCorps State and 

National programs to provide living 

allowances and certain other benefits to 

full-time national service program 

participants. Notices of funding 

opportunity specify that programs may 

to choose to provide living allowances 

with AmeriCorps funding to members 

who serve less than full-time. 

The ‘‘term of service’’ that members 

serve in AmeriCorps State and National 

can be of different lengths, depending 

on the needs of the program. Full-time 

service is defined as 1,700 hours of 

service during a period of not more than 

one year. See 45 CFR 2522.220(a)(1). 

Part-time service is defined as 900 hours 

of service during a period of not more 

than two years. See 45 CFR 

2522.220(a)(2). Reduced part-time terms 

of service may include terms at a 

reduced number of hours for categories 

of participants in certain approved 

AmeriCorps programs and on a case-bycase basis. See 45 CFR 2522.220(a)(3). 

Summer program terms are considered 

part-time programs and members serve 

less than 1,700 hours. See 45 CFR 

2522.220(a)(4). 

Under 45 CFR 2525.50, AmeriCorps 

State and National members can earn up 

to the value of two full-time education 

awards. Because full-time and less than 

full-time (e.g., part-time, reduced parttime, summer) terms of service have 

different hour requirements, each takes 

a different number of terms to reach the 

aggregate value of the two full-time 

education awards. 45 CFR 2522.220; 

2525.100. 

During the period that AmeriCorps 

State and National members are serving 

and earning Segal Education awards, 

AmeriCorps funds living allowances 

and other member benefits (e.g., 

financial benefits during an extended 

term of disaster-related service, 

childcare, health care). The current 

regulation, which took effect October 1, 

2024, allows members to serve as many 

terms as necessary to earn the value of 

two full-time education awards, 

regardless of whether those terms are 

served on a full-time or less than fulltime time basis. The prior regulation 

allowed AmeriCorps funding to support 

members’ living allowances and benefits 

for up to four terms of service. 

II. Overview of Final Rule 

Overall, this final rule is intended to 

increase the flexibility of AmeriCorps 

State and National regulations that 

removed the four-term limit on 

AmeriCorps funding for AmeriCorps 

State and National members’ living 

allowances and other benefits. See 89 

FR 46024 (May 28, 2024). 

The final rule, which appears at 45 

CFR 2522.235, retains the current 

provision that allows AmeriCorps 

funding for living allowances and other 

member benefits for the number of 

terms it takes to earn the aggregate value 

of two full-time education awards and 

also reinstates the former provision that 

allowed AmeriCorps funding for up to 

four terms. Thus, living allowances and 

other benefits for members who serve 

less than full time may continue to be 

funded for however many terms it takes 

those members to earn the aggregate 

value of two education awards, while 

living allowances and other benefits for 

members who have earned the aggregate 

value of two full-time education awards 

in fewer than four terms may continue 

to be funded up to four terms. 

III. Response to Public Comments 

AmeriCorps published a proposed 

rule on August 28, 2024, at 89 FR 68845 

and received 46 public comments in 

response by the September 27, 2024, 

comment deadline. Summaries of the 

points raised in those comments, and 

AmeriCorps’ responses, are provided 

here. No changes to the proposed 

regulatory text were made in response to 

these comments or otherwise, as 

explained in the response to comments. 

A. Comments in Support of Proposed 

Rule 

Several commenters stated their 

general support for providing 

AmeriCorps funding for members’ living 

allowances and other benefits for 

service in AmeriCorps State and 

National programs for either four terms 

or as many terms needed to attain the 

aggregate value of two-full time 

education awards, whichever is longer. 

The commenters highlighted that the 

flexibility in term limits supports 

members, grantees, and the 

communities served by, for example: 


KHAMMOND on DSK9W7S144PROD with RULES