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Federal Register / Vol. 86, No. 109 / Wednesday, June 9, 2021 / Rules and Regulations EPAAPPROVED SOURCE SPECIFIC REQUIREMENTS
Permit/order or registration No.

Source name

Roanoke Electric Steel Corporation D/B/A
Steel Dynamics, Inc.Roanoke Bar Division.

BILLING CODE 656050P

DEPARTMENT OF THE INTERIOR
Bureau of Land Management 43 CFR Parts 3160 and 9230
212.LLHQ310000.L13100000.PP0000
RIN 1004AE77

Onshore Oil and Gas Operations and Coal TrespassAnnual Civil Penalties Inflation Adjustments Bureau of Land Management, Interior.
ACTION: Final rule.
AGENCY:

This final rule adjusts the level of civil monetary penalties contained in the Bureau of Land Managements BLM regulations governing onshore oil and gas operations and coal trespass as required by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 and consistent with applicable Office of Management and Budget OMB guidance. The oil and gas operations penalty adjustments made by this final rule constitute the 2021
annual inflation adjustments, accounting for 1 year of inflation spanning the period from October 2019
through October 2020. The coal trespass inflation adjustments in this rule include the initial catch-up adjustment for 2016, and the annual adjustments for years 2017 to 2021.
DATES: This rule is effective on June 9, 2021.
FOR FURTHER INFORMATION CONTACT: For information regarding the BLMs Fluid Minerals Program, please contact Donna Dixon, Division Chief, Fluid Minerals Division, telephone: 5059542032;
email: dbdixon@blm.gov. For information regarding the BLMs Solid Minerals Program, please contact Lindsey Curnutt, Division Chief, Solid Minerals Division, telephone: 775824
SUMMARY:

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I. Background II. Calculation of 2021 Adjustments III. Procedural Requirements A. Administrative Procedure Act B. Regulatory Planning and Review E.O.
12866 and E.O. 13563
C. Regulatory Flexibility Act D. Small Business Regulatory Enforcement Fairness Act E. Unfunded Mandates Reform Act F. Takings E.O. 12630
G. Federalism E.O. 13132
H. Civil Justice Reform E.O. 12988
I. Consultation With Indian Tribes E.O.
13175 and Departmental Policy J. Paperwork Reduction Act K. National Environmental Policy Act L. Effects on the Energy Supply E.O.
13211

I. Background On November 2, 2015, the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 Sec. 701 of Pub. L. 11474 the 2015 Act became law, amending the Federal Civil Penalties Inflation Adjustment Act of 1990 Pub. L. 101410.
The 2015 Act requires agencies to:
1. Adjust the level of civil monetary penalties for inflation with an initial catch-up adjustment through an interim final rulemaking in 2016;
2. Make subsequent annual adjustments for inflation beginning in 2017; and 3. Report annually in Agency Financial Reports on these inflation adjustments.
The purpose of these adjustments is to maintain the deterrent effect of civil monetary penalties and promote compliance with the law see Sec. 1, Pub. L. 101410.
As required by the 2015 Act, the BLM
issued an interim final rule that
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2910; email: lcurnutt@blm.gov. For questions relating to regulatory process issues, please contact Jennifer Noe, Division of Regulatory Affairs, email:
jnoe@blm.gov. Persons who use a telecommunications device for the deaf TDD may call the Federal Relay Service FRS at 18008778339, 24
hours a day, 7 days a week to contact the above individuals.
SUPPLEMENTARY INFORMATION:

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adjusted the level of civil monetary penalties in BLM regulations with the initial catch-up adjustment RIN
1004AE46, 81 FR 41860, which was published on June 28, 2016, and became effective on July 28, 2016. On January 19, 2017, the BLM published a final rule RIN 1004AE49, 82 FR 6305 updating the civil penalty amounts to the 2017
annual adjustment levels. Final rules updating the civil penalty amounts to 2018, 2019, and 2020 annual adjustment levels were published in subsequent years RIN 1004AE51, 83 FR 3992; RIN
1004AE56, 84 FR 22379; and RIN
1004AE77, 85 FR 10617, respectively.
OMB issued Memorandum M2110
on December 23, 2020, Implementation of Penalty Inflation Adjustments for 2021, Pursuant to the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 explaining agency responsibilities for identifying applicable penalties and calculating the annual adjustment for 2021 in accordance with the 2015 Act.
II. Calculation of 2021 Adjustment In accordance with the 2015 Act and OMB Memorandum M2110, the BLM
has identified applicable civil monetary penalties in its regulations and calculated the annual adjustments. A
civil monetary penalty is any assessment with a dollar amount that is levied for a violation of a Federal civil statute or regulation and is assessed or enforceable through a civil action in Federal court or an administrative proceeding. A civil monetary penalty does not include a penalty levied for violation of a criminal statute, nor does it include fees for services, licenses, permits, or other regulatory review. The calculated annual inflation adjustments are based on the percentage change between the Consumer Price Index for all Urban Consumers CPIU for the October preceding the date of the adjustment, and the prior years October CPIU. Consistent with guidance in OMB Memorandum M2110, the BLM
divided the October 2020 CPIU by the October 2019 CPIU to calculate the
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