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Federal Register / Vol. 86, No. 189 / Monday, October 4, 2021 / Rules and Regulations more than 10 mining claims; that fee will increase by $45. It is important to note that the real values of the fees are not actually increasing, since real values account for the effect of inflation.
In real terms, the values of the fees are simply being adjusted to account for the changes in the prices of goods and services produced in the United States.
Accordingly, the BLM has concluded that the economic effect of the rules changes will not be significant, even for small entities.
For the 2005 Cost Recovery Rule, the BLM completed a Regulatory Flexibility Act threshold analysis, which is available for public review in the administrative record for that rule. For instructions on how to view a copy of that analysis, please contact one of the persons listed in the FOR FURTHER
INFORMATION CONTACT section above. The analysis for the 2005 Cost Recovery Rule concluded that the fees would not have a significant economic effect on a substantial number of small entities.
The fee increases implemented in this rule are substantially smaller than those provided for in the 2005 Cost Recovery Rule.
The Small Business Regulatory Enforcement Fairness Act This final rule is not a major rule as defined at 5 U.S.C. 8042. The final rule will not have an annual effect on the economy greater than $100 million;
it will not result in major cost or price increases for consumers, industries, government agencies, or regions; and it 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.
Accordingly, a Small Entity Compliance Guide is not required.
Executive Order 13132, Federalism This final rule will not have a substantial direct effect on the States, on the relationship between the National Government and the States, or on the distribution of power and responsibilities among the various levels of government. In accordance with Executive Order 13132, the BLM
therefore finds that the final rule does not have federalism implications, and a federalism assessment is not required.
The Paperwork Reduction Act of 1995
This final rule does not contain information-collection requirements that require a control number from the Office of Management and Budget in accordance with the Paperwork Reduction Act of 1995 44 U.S.C. 3501
3521. After the effective date of this
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rule, the new fees may affect the nonhour burdens associated with the following control numbers:
Oil and Gas 1 10040034, which expires August 31, 2021; 6
2 10040137, which expires October 31, 2021;
3 10040162, which expires October 31, 2021;
4 10040185, which expires December 31, 2021;
Geothermal 5 10040132, which expires July 31, 2023;
Coal 6 10040073, which expires April 30, 2023;
Mining Claims 7 10040025, which expires February 28, 2022;
8 10040114, which expires April 30, 2023; and Leasing of Solid Minerals Other Than Oil Shale 9 10040121, which expires October 31, 2022.
Takings Implication Assessment Executive Order 12630
As required by Executive Order 12630, the BLM has determined that this final rule will not cause a taking of private property. No private property rights will be affected by a rule that merely updates fees. The BLM therefore certifies that this final rule does not represent a governmental action capable of interference with constitutionally protected property rights.
Civil Justice Reform Executive Order 12988
In accordance with Executive Order 12988, the BLM finds that this final rule will not unduly burden the judicial system and meets the requirements of sections 3a and 3b2 of the Executive order.
The National Environmental Policy Act NEPA
The BLM has determined that this final rule qualifies as a routine financial transaction and a regulation of an administrative, financial, legal, or procedural nature that is categorically excluded from environmental review under NEPA pursuant to 43 CFR 46.205
and 46.210c and i. The final rule does not meet any of the 12 criteria for 6 A renewal request for control number 1004
0034 was submitted to the Office of Management and Budget on May 5, 2021.

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exceptions to categorical exclusions listed at 43 CFR 46.215. Therefore, neither an environmental assessment nor an environmental impact statement is required in connection with the rule 40 CFR 1508.4.
The Unfunded Mandates Reform Act of 1995
The BLM has determined that this final rule is not significant under the Unfunded Mandates Reform Act of 1995, 2 U.S.C. 1501 et seq., because it will not result in State, local, private sector, or tribal government expenditures of $100 million or more in any one year, 2 U.S.C. 1532. This rule will not significantly or uniquely affect small governments. Therefore, the BLM
is not required to prepare a statement containing the information required by the Unfunded Mandates Reform Act.
Consultation and Coordination With Indian Tribal Governments Executive Order 13175
In accordance with Executive Order 13175, the BLM has determined that this final rule does not include policies that have tribal implications.
Specifically, the rule would not have substantial direct effects on one or more Indian Tribes. Consequently, the BLM
did not utilize the consultation process set forth in Section 5 of the Executive order.
Information Quality Act In developing this final rule, the BLM
did not conduct or use a study, experiment, or survey requiring peer review under the Information Quality Act Pub. L. 106554.
Effects on the Nations Energy Supply Executive Order 13211
In accordance with Executive Order 13211, the BLM has determined that this final rule is not likely to have a significant adverse effect on the supply, distribution, or use of energy. It merely adjusts certain administrative cost recovery fees to account for inflation.
Author The principal author of this final rule is Faith Bremner of the Division of Regulatory Affairs, Bureau of Land Management.
List of Subjects in 43 CFR Part 3000
Public landsmineral resources, Reporting and recordkeeping requirements.
For reasons stated in the preamble, the Bureau of Land Management amends 43 CFR part 3000 as follows:

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