30548 Federal Register / Vol. 86, No. 109 / Wednesday, June 9, 2021 / Rules and Regulations 

EPA—APPROVED SOURCE SPECIFIC REQUIREMENTS

Source name 

Permit/order 

or registration 

No. 

State 

effective 

date 

EPA approval date 40 CFR part 

52 citation 

*******

Roanoke Electric Steel Corporation D/B/A 

Steel Dynamics, Inc.—Roanoke Bar Division.

20131 3/25/20 6/9/21, [Insert Federal Register citation] ..... 52.2420(d)(7) 

*******

* * * * * 

[FR Doc. 2021–11923 Filed 6–8–21; 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–AE77 

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 oil and gas 

operations penalty adjustments made by 

this final rule constitute the 2021 

annual inflation adjustments, 

accounting for 1 year of inflation 

spanning the period from October 2019 

through October 2020. The coal trespass 

inflation adjustments in this rule 

include the initial ‘‘catch-up’’ 

adjustment for 2016, and the annual 

adjustments for years 2017 to 2021. 

DATES: This rule is effective on June 9, 

2021. 

FOR FURTHER INFORMATION CONTACT: For 

information regarding the BLM’s Fluid 

Minerals Program, please contact Donna 

Dixon, Division Chief, Fluid Minerals 

Division, telephone: 505–954–2032; 

email: dbdixon@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: 

I. Background 

II. Calculation of 2021 Adjustments 

III. Procedural Requirements 

A. Administrative Procedure Act 

B. Regulatory Planning and Review (E.O. 

12866 and E.O. 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, and 2020 annual adjustment 

levels were published in subsequent 

years (RIN 1004–AE51, 83 FR 3992; RIN 

1004–AE56, 84 FR 22379; and RIN 

1004–AE77, 85 FR 10617, respectively). 

OMB issued Memorandum M–21–10 

on December 23, 2020, (Implementation 

of Penalty Inflation Adjustments for 

2021, 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 2021 in 

accordance with the 2015 Act. 

II. Calculation of 2021 Adjustment 

In accordance with the 2015 Act and 

OMB Memorandum M–21–10, 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–21–10, the BLM 

divided the October 2020 CPI–U by the 

October 2019 CPI–U to calculate the 


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Federal Register / Vol. 86, No. 109 / Wednesday, June 9, 2021 / Rules and Regulations 30549 

multiplier. In this case, October 2020 

CPI–U (260.388)/October 2019 CPI–U 

(257.346) = 1.01182. OMB 

Memorandum M–21–10 confirms that 

this is the proper multiplier. (OMB 

Memorandum M–21–10 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 43 CFR 

3163.2(b)(1) and (2), (d), (e), and (f) by 

the multiplier set forth in OMB 

Memorandum M–21–10 (1.01182) 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. 

This year’s adjustments include 43 

CFR 9239.5–3(f)(1), which provides for 

a penalty of not more than $1,000 for 

each day of violation for willfully 

conducting coal exploration for 

commercial purposes without an 

exploration license. This provision 

meets the criteria for annual 

adjustments under the 2015 Act but was 

inadvertently omitted in previous 

adjustments. Consistent with OMB 

Memorandum M–16–06 (February 24, 

2016), the adjusted penalty amount was 

calculated by applying the initial 

‘‘catch-up’’ adjustment based on the 

percent change between the CPI–U for 

1977, the year the current penalty 

amount was established by regulation, 

and the October 2015 CPI–U, giving a 

catch-up adjustment multiplier of 

3.86101 for 2016. After applying the 

initial catch-up adjustment multiplier, 

that amount was multiplied by 1.09481 

to reflect the combined annual inflation 

adjustments for 2017 to 2021, giving an 

adjusted penalty of $4,227.00. 

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 ....................................................................................... $1,115 $1,128 

43 CFR 3163.2(b)(2) ....................... If corrective action is not taken ................................................................. 11,160 11,292 

43 CFR 3163.2(d) ............................ If transporter fails to permit inspection for documentation ....................... 1,115 1,128 

43 CFR 3163.2(e) ............................ Failure to permit inspection, failure to notify ............................................. 22,320 22,584 

43 CFR 3163.2(f) ............................. False or inaccurate documents; unlawful transfer or purchase ................ 55,800 56,460 

43 CFR 9239.5–3(f)(1) .................... Coal exploration for commercial purposes without an exploration license 1,000 4,227 

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 2021 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–21–10 at 3). 

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 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. 

This rule will potentially affect 

individuals and companies who 

conduct operations on oil and gas leases 

or who explore for coal for commercial 

purposes without an exploration license 

on Federal or Indian lands. The BLM 

believes that the vast majority of 

potentially affected entities will be 

small businesses as defined by the 

Small Business Administration. 

However, the BLM does not believe the 

rule will pose a significant economic 

impact on the oil and gas or coal 

industries, including any small entities, 

as any lessee or trespasser can avoid 

being assessed civil penalties by 

operating in compliance with BLM rules 

and regulations. 


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30550 Federal Register / Vol. 86, No. 109 / Wednesday, June 9, 2021 / Rules and Regulations 

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 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. 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 

‘‘$1,115’’ and add in its place ‘‘$1,128’’. 

■ b. In paragraph (b)(2), remove 

‘‘$11,160’’ and add in its place 

‘‘$11,292’’. 

■ c. In paragraph (d), remove ‘‘$1,115’’ 

and add in its place ‘‘$1,128’’. 

■ d. In paragraph (e) introductory text, 

remove ‘‘$22,320’’ and add in its place 

‘‘$22,584’’. 

■ e. In paragraph (f) introductory text, 

remove ‘‘$55,800’’ and add in its place 

‘‘$56,460’’. 

PART 9230—TRESPASS 

■ 3. The authority citation for part 9230 

is revised 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 

‘‘$1,000’’ and add in its place ‘‘$4,227’’. 

Laura Daniel-Davis, 

Principal Deputy Assistant Secretary, Land 

and Minerals Management. 

[FR Doc. 2021–12053 Filed 6–8–21; 8:45 am] 

BILLING CODE 4310–84–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 73 

[MB Docket No. 21–56; RM–11811; DA 21– 

595; FR ID 28830] 

Television Broadcasting Services 

Jonesboro, Arkansas 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule. 

SUMMARY: On February 12, 2021, the 

Media Bureau, Video Division (Bureau) 

issued a Notice of Proposed Rulemaking 

in response to a petition for rulemaking 

filed by Gray Television Licensee, LLC 

(Gray), the licensee of KAIT, channel 8 

(ABC), Jonesboro, Arkansas, requesting 

the substitution of channel 27 for 

channel 8 at Jonesboro in the DTV Table 

of Allotments. For the reasons set forth 

in the Report and Order referenced 

below, the Bureau amends FCC 

regulations to substitute channel 27 for 

channel 8 at Jonesboro. 

DATES: Effective June 9, 2021. 

FOR FURTHER INFORMATION CONTACT: 

Joyce Bernstein, Media Bureau, at (202) 

418–1647 or JoyceBernstein@fcc.gov. 

SUPPLEMENTARY INFORMATION: The 

proposed rule was published at 86 FR 

17110 on April 1, 2021. Gray filed 

comments in support of the petition 

reaffirming its commitment to apply for 

channel 20. No other comments were 

filed. Gray states that VHF channels 

have certain propagation characteristics 

which may cause reception issues for 

some viewers, and that the reception of 

VHF signals requires larger antennas 

relative to UHF channels. Moreover, 

many viewers are unable to receive 

KAIT’s signal. Gray further states that 

while there is small terrain limited 

predicted loss area, the viewers will 

continue to be well served by at least 

five other stations and receive ABC 


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