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Federal Register / Vol. 86, No. 17 / Thursday, January 28, 2021 / Rules and Regulations information unless it displays a currently valid OMB control number.
K. 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 of 1969
NEPA is not required because the rule is covered by a categorical exclusion.
This rule is excluded from the requirement to prepare a detailed statement because it is a regulation of an administrative nature. For further information see 43 CFR 46.210i. 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 Executive Order 13211. A Statement of Energy Effects is not required.
M. Administrative Procedure Act 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 ruleis not required when agencies issue regulations to implement the annual adjustments to civil penalties that the Act requires.
Accordingly, we are issuing the annual adjustments as a final rule without prior notice or an opportunity for comment and with an effective date immediately upon publication in the Federal Register.
Section 553b 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 553b, the Bureau finds that there is good cause to promulgate this rule without first providing for public comment. It would not be possible to meet the deadlines imposed by the Act if we were to first publish a proposed rule, allow the public sufficient time to submit comments, analyze the comments, and publish a final rule.

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Also, the Bureau 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. The Bureau has 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 impracticable and unnecessary.
Furthermore, the Bureau finds under section 553d3 of the APA that good cause exists to make this 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 by January 15 of each year, notwithstanding section 553 of the APA. Under the statutory framework and OMB guidance, the new penalty levels take effect immediately upon the effective date of the adjustment. The statutory deadline does not allow time to delay this rules effective date beyond publication. Moreover, an effective date after January 15 would delay application of the new penalty levels, contrary to Congresss intent.
List of Subjects 25 CFR 140
Business and industry, Indians, Penalties.
25 CFR 141

7347

25 CFR 227
Indianslands, Mineral resources, Mines, Oil and gas exploration, Reporting and recordkeeping requirements.
25 CFR 243
Indians, Livestock.
25 CFR 249
Fishing, Indians.
For the reasons given in the preamble, the Department of the Interior amends Chapter 1 of title 25 Code of Federal Regulations as follows.
Title 25Indians Chapter 1Bureau of Indian Affairs
DEPARTMENT OF THE INTERIOR
PART 140LICENSED INDIAN
TRADERS
1. The authority citation for part 140
continues to read as follows:

Authority: Sec. 5, 19 Stat. 200, sec. 1, 31
Stat. 1066 as amended; 25 U.S.C. 261, 262;
94 Stat. 544, 18 U.S.C. 437; 25 U.S.C. 2 and 9; 5 U.S.C. 301; and Sec. 701, Pub. L. 114
74, 129 Stat. 599, unless otherwise noted.
140.3

Amended
2. In 140.3, remove $1,352 and add in its place $1,368.

PART 141BUSINESS PRACTICES ON
THE NAVAJO, HOPI AND ZUNI
RESERVATIONS
3. The authority citation for part 141
continues to read as follows:

Business and industry, Credit, Indiansbusiness and finance, Penalties.
25 CFR 211

Authority: 5 U.S.C. 301; 25 U.S.C. 2 and 9; and Sec. 701, Pub. L. 11474, 129 Stat.
599, unless otherwise noted.

Geothermal energy, Indianslands, Mineral resources, Mines, Oil and gas exploration, Reporting and recordkeeping requirements.

141.50

25 CFR 213

PART 211LEASING OF TRIBAL
LANDS FOR MINERAL DEVELOPMENT

Indianslands, Mineral resources, Mines, Oil and gas exploration, Reporting and recordkeeping requirements.
25 CFR 225
Geothermal energy, Indianslands, Mineral resources, Mines, Oil and gas exploration, Penalties, Reporting and recordkeeping requirements, Surety bonds.

5. The authority citation for part 211
continues to read as follows:

Authority: Sec. 4, Act of May 11, 1938 52
Stat. 347; Act of August 1, 1956 70 Stat.
744; 25 U.S.C. 396ag; 25 U.S.C. 2 and 9;
and Sec. 701, Pub. L. 11474, 129 Stat. 599, unless otherwise noted.
211.55

Amended
6. In 211.55, in paragraph a, remove $1,626 and add in its place $1,645.

Indianslands.

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4. In 141.50, remove $1,352 and add in its place $1,368.

25 CFR 226

PO 00000

Amended
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