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Federal Register / Vol. 86, No. 104 / Wednesday, June 2, 2021 / Rules and Regulations Inflation Adjustment Act Improvements Act of 2015 requires agencies to adjust civil penalties annually for inflation notwithstanding section 553 of the Administrative Procedure Act. Thus, no proposed rule will be published, and 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. 8042, 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.
c Will 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. The rule does not have a significant or unique effect on State, local, or Tribal governments or the private sector. A statement containing the information required by the Unfunded Mandates Reform Act 2
U.S.C. 1531 et seq. is not required.
E. Takings Executive Order 12630
This rule does not effect a taking of private property or otherwise have takings implications under Executive Order 12630. A takings implication assessment is not required.

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F. Federalism Executive Order 13132
Under the criteria in section 1 of Executive Order 13132, this rule does not have sufficient federalism implications to warrant the preparation of a federalism summary impact statement. A federalism summary impact statement is not required.
G. Civil Justice Reform Executive Order 12988
This rule complies with the requirements of Executive Order 12988.
Specifically, this rule:
a Meets the criteria of section 3a requiring that all regulations be reviewed to eliminate errors and ambiguity and be written to minimize litigation; and b Meets the criteria of section 3b2
requiring that all regulations be written
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in clear language and contain clear legal standards.
H. Consultation With Indian Tribes Executive Order 13175 and Departmental Policy The Department of the Interior strives to strengthen its government-togovernment relationship with Tribes through a commitment to consultation with Tribes and recognition of their right to self-governance and Tribal sovereignty. We have evaluated this rule under the Departments consultation policy, under Departmental Manual Part 512, Chapters 4 and 5, and under the criteria in Executive Order 13175 and have determined that it has no substantial direct effects on Federallyrecognized Tribes or Alaska Native Claims Settlement Act ANCSA
Corporations, and that consultation under the Departments Tribal consultation policy is not required.
I. Paperwork Reduction Act This rule does not contain information collection requirements, and a submission to the Office of Management and Budget 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.
J. 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.
K. Effects on Energy Supply, Distribution, and Use Executive Order 13211
This rule is not a significant energy action under the definition in Executive Order 13211. A Statement of Energy Effects is not required.
L. Clarity of This Regulation We are required by Executive Orders 12866 section 1b12, 12988 section 3b1B, and 13563 section 1a, and by the Presidential Memorandum of
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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; and e Use lists and tables wherever possible.
If you believe that we have not met these requirements in issuing this final rule, please contact the individual listed in the FOR FURTHER INFORMATION
CONTACT section. Your comments should be as specific as possible in order to help us determine whether any future revisions to the rule are necessary. 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. Data Quality Act In developing this rule, we did not conduct or use a study, experiment, or survey requiring peer review under the Data Quality Act Pub. L. 106554.
N. Administrative Procedure Act We are issuing this final rule without prior public notice or opportunity for public comment. As discussed above, the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 requires agencies to publish adjusted penalties annually. Under the 2015 Act, the public procedure that the Administrative Procedure Act generally requiresnotice, an opportunity for comment, and a delay in the effective dateis not required for agencies to issue regulations implementing the annual adjustments required by the 2015 Act. See OMB Memorandum, M
2110, at 3.
List of Subjects 30 CFR Part 723
Administrative practice and procedure, Penalties, Surface mining, Underground mining.
30 CFR Part 724
Administrative practice and procedure, Penalties, Surface mining, Underground mining.
30 CFR Part 845
Administrative practice and procedure, Law enforcement, Penalties, Reporting and recordkeeping requirements, Surface mining, Underground mining.

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