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Federal Register / Vol. 86, No. 187 / Thursday, September 30, 2021 / Rules and Regulations
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burden $207 net to an increase in overall cost to 1,102 small businesses of $4,402 per year. As a percentage of average small-business revenue, this final rule would increase costs to those entities by 0.12 percent $4,402 divided by $3.6 million.
According to the U.S. Census Bureaus 2017 Economic Census data, oil and gas lessees with 20 employees or less collected $2.1 million per year per entity. Taking the $4,402 discussed above, divided by $2.1 million equals an estimated maximum impact of 0.2
percent of total revenue per year.
Further, ONRR anticipates that the smallest entities would realize less of an increase in royalties because, for example, the changes to deepwater gathering and extraordinary processing allowances are capital-intensive operations in which small entities typically do not participate.
In accordance with 5 U.S.C. 605, the head of the agency certifies that this final rule would have an impact on a substantial number of small entities, but the economic impact on those small entities would not be significant under the Regulatory Flexibility Act. Thus, ONRR did not prepare a Regulatory Flexibility Act Analysis nor is a Small Entity Compliance Guide required.
C. Small Business Regulatory Enforcement Fairness Act The 2020 Rule was not a major rule under Subtitle E of the Small Business Regulatory Enforcement Fairness Act of 1996. See 5 U.S.C. 8042. Therefore, this final rule is also not a major rule under 5 U.S.C. 8042. Like the 2020
Rule, ONRR anticipates that this final rule:
1 Will not have an annual effect on the economy of $100 million or more.
ONRR estimates that, if the 2020 Rule had gone into effect, the cumulative effect on all of industry would have been a reduction in private cost of nearly $61.45 million per year, which is the sum of $64.6 million in decreased royalty payments and $2.85 million in additional costs due to increased administrative burdens. This net change in royalty payments would have been a transfer rather than a cost or cost savings. The Summary of Royalty Impacts and Costs Table, as shown above, demonstrates that this final rules cumulative economic impact on industry, State and local governments, and the Federal Government is well below the $100 million threshold that the Federal Government uses to define a rule as having a significant impact on the economy;
2 will not cause a major increase in costs or prices for consumers,
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individual industries, Federal, State, or local government agencies, or geographic regions. Please see the data tables in the Regulatory Planning and Review E.O. 12866 and E.O. 13563 at Section VI.A.; and 3 would not have significant adverse effects on competition, employment, investment, productivity, innovation, or the ability of United States-based enterprises to compete with foreignbased enterprises. ONRR estimates no significant adverse impacts to small business.
D. Unfunded Mandates Reform Act This final rule does not impose an unfunded mandate or have a significant effect on State, local, or Tribal governments, or on the private sector, of more than $100 million per year.
Therefore, ONRR is not required to provide a statement containing the information required by the Unfunded Mandates Reform Act 2 U.S.C. 1501, et seq..
E. Takings E.O. 12630
Under the criteria in section 2 of E.O.
12630, this final rule does not have any significant takings implications. This final rule does not impose conditions or limitations on the use of any private property because it applies to the valuation of Federal oil and gas and Federal and Indian coal and to ONRRs civil penalty process. This final rule does not require a takings implication assessment.
F. Federalism E.O. 13132
Under the criteria in section 1 of E.O.
13132, this final rule does not have sufficient Federalism implications to warrant the preparation of a Federalism summary impact statement. The management of Federal oil and gas is the responsibility of the Secretary, and ONRR distributes all of the royalties that it collects under Federal oil and gas leases in accordance with the relevant disbursement statutes. This final rule would not impose administrative costs on States or local governments or substantially and directly affect the relationship between the Federal and State governments. Thus, a Federalism summary impact statement is not required.
G. Civil Justice Reform E.O. 12988
This final rule complies with the requirements of E.O. 12988.
Specifically, the final rule:
1 Meets the criteria of Section 3a, which requires that ONRR review all regulations to eliminate errors and ambiguity to minimize litigation; and
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2 meets the criteria of Section 3b2, which requires that all regulations be written in clear language using clear legal standards.
H. Consultation With Indian Tribal Governments E.O. 13175
ONRR strives to strengthen its government-to-government relationship with Indian Tribes through a commitment to consultation with Indian Tribes and recognition of their right to self-governance and Tribal sovereignty.
ONRR evaluated this final rule under the Departments consultation policy and the criteria in E.O. 13175 and determined that it does not have substantial direct effects on Federallyrecognized Indian Tribes. Thus, consultation under ONRRs Tribal consultation policy is not required.
ONRR reached this conclusion, in part, based on the consultations it conducted before the adoption of the 2016 Valuation Rule. At that time, ONRR held six Tribal consultations with the three Tribes Navajo Nation, Crow Nation, and Hopi Tribe for which ONRR collected and disbursed Indian coal royalties. Upon the conclusion of each consultation, ONRR and the Tribal partners determined that the 2016
Valuation Rule would not have a substantial impact on any of the represented Tribes. With the exception of the Kayenta Mine located on the lands belonging to the Navajo Nation, which ceased production in 2019, the circumstances relevant to the Indian coal leases have not changed since the prior consultations occurred. As with the 2016 Valuation Rule and the 2020
Rule, ONRRs review of the royalty impact to Tribes from this final rule demonstrates that this final rule will not substantially impact any of the three Tribes. Further, the rule is not estimated to impact the royalty value of Indian coal.
I. Paperwork Reduction Act 44 U.S.C.
3501 et seq.
Certain collections of information require OMBs approval under the Paperwork Reduction Act. This final rule does not require any new or modify any existing information collections that are subject to OMBs approval. Thus, ONRR did not submit any new information collection requests to OMB
related to this final rule.
This final rule leaves intact the information collection requirements that OMB previously approved under OMB
Control Numbers 10120004, 1012
0005, and 10120010.

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