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Federal Register / Vol. 86, No. 20 / Tuesday, February 2, 2021 / Rules and Regulations 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. Does 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, local government agencies; or geographic regions; and c. Does 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. This rule does not have a significant or unique effect on State, local, or Tribal governments or the private sector.
Therefore, ONRR is not required to provide a statement containing the information that the Unfunded Mandates Reform Act 2 U.S.C. 1531, et seq. requires because this rule is not an unfunded mandate.
E. Takings E.O. 12630
This rule does not result in a taking of private property or otherwise have takings implications under E.O. 12630.
Therefore, this rule does not require a takings implication assessment.

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F. 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.
G. 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 3a, which requires that ONRR review all regulations to eliminate errors and ambiguity and to write them to minimize litigation; and b. Meets the criteria of section 3b2, which requires that ONRR write all regulations in clear language, using clear legal standards.
H. Consultation With Indian Tribal Governments E.O. 13175
The Department of the Interior DOI
strives to strengthen its government-to-

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government relationship with Indian Tribes through a commitment to consultation with Indian Tribes and recognition of their right to selfgovernance and Tribal sovereignty.
Under the DOIs consultation policy and the criteria in E.O. 13175, ONRR
evaluated this rule and determined that it will have no substantial, direct effects on federally recognized Indian Tribes and does not require consultation.
I. Paperwork Reduction Act This rule:
a Does not contain any new information collection requirements;
and b Does not require a submission to OMB under the Paperwork Reduction Act of 1995 44 U.S.C. 3501, et seq.. See 5 CFR 1320.4a2.
J. National Environmental Policy Act of 1969 NEPA
This rule does not constitute a major Federal action significantly affecting the quality of the human environment.
ONRR is not required to provide a detailed statement under NEPA because this rule qualifies for categorical exclusion under 43 CFR 46.210i in that this rule is . . . of an administrative, financial, legal, technical, or procedural nature. . . . ONRR also has determined that this rule is not involved in any of the extraordinary circumstances listed in 43 CFR 46.215
that would require further analysis under NEPA.
K. Effects on the Energy Supply E.O.
13211
This rule is not a significant energy action under the definition in E.O.
13211 and, therefore, does not require a Statement of Energy Effects.
L. Clarity of This Regulation ONRR is required by E.O. 12866
section 1b12, E.O. 12988 section 3b1B, and E.O. 13563 section 1a, and by the Presidential Memorandum of June 1, 1998, to write all rules in plain language. This means that each rule ONRR publishes 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;
e Use lists and tables wherever possible;
If you feel that ONRR has not met these requirements, send your comments to Luis.Aguilar@onrr.gov.
Your comments should be as specific as possible. For example, you should
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identify the number 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. Administrative Procedure Act APA
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, ONRR is issuing the 2021
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, ONRR finds that there is good cause to promulgate this rule without first providing for public comment.
ONRR 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. ONRR 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 unnecessary.
Furthermore, ONRR finds under section 553d3 of the APA that good cause exists to make this direct 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 no later than January 15 of every year, notwithstanding section 553 of the APA.
Under the statutory framework and OMB guidance, the new penalty levels are to take effect immediately upon publication. Moreover, an effective date
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