[Federal Register Volume 87, Number 165 (Friday, August 26, 2022)]
[Rules and Regulations]
[Pages 52443-52446]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-18388]


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DEPARTMENT OF THE INTERIOR

Bureau of Ocean Energy Management

30 CFR Parts 550 and 556

[Docket No. BOEM-2022-0022]
RIN 1010-AE16


Adjustment of Service Fees for Outer Continental Shelf Activities

AGENCY: Bureau of Ocean Energy Management, Interior.

ACTION: Final rule.

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SUMMARY: This final rule adjusts for inflation of certain service fees 
accruing to the Bureau of Ocean Energy Management (BOEM) as provided 
for in BOEM regulations.

DATES: This rule is effective on November 1, 2022.

FOR FURTHER INFORMATION CONTACT: Peter Meffert, Office of Regulation, 
at (703) 787-1610 or by email at [email protected].

SUPPLEMENTARY INFORMATION: BOEM's regulations at 30 CFR 550.125 and 30 
CFR 556.106 provide the authority for BOEM to periodically adjust a 
number of its service fees according to the Implicit Price Deflator for 
Gross Domestic Product by publication of a document in the Federal 
Register. BOEM derives its authority from the Independent Offices 
Appropriation Act of 1952, 31 U.S.C. 9701, as interpreted by Office of 
Management and Budget (OMB) Circular No. A-25 Revised (1993). That 
circular states: ``When a service (or privilege) provides special 
benefits to an identifiable recipient beyond those that accrue to the 
general public, a charge will be imposed (to recover the full cost to 
the Federal Government for providing the special benefit, or the market 
price).''
    These service fees were last updated in a Federal Register notice 
in early 2013. 78 FR 5836, January 28, 2013. BOEM is now adjusting 
these service fees to reflect inflation since the last update.
    This rule adjusts the service fees in accordance with BOEM's 
regulations at 30 CFR 550.125 and 30 CFR 556.106. The new 2022 fee 
amounts are based on an inflation rate of 18.36 percent as calculated 
by the Implicit Price Deflator for Gross Domestic Product between 2012 
and 2021.
    The inflation rate between any two years is calculated as the 
percentage difference between the measure of prices for a designated 
year (e.g., 2021) and some previous year (e.g., 2012). The prices 
include all new, domestically produced, final goods and services in

[[Page 52444]]

the economy for the designated year (e.g., 2021). See the Department of 
Commerce's Bureau of Economic Analysis (BEA) ``Table 1.1.9, Implicit 
Price Deflators for Gross Domestic Product,'' available at https://apps.bea.gov/iTable/index_nipa.cfm.
    The inflation rate was calculated by dividing the deflator from 
2021 by the deflator from 2012, and then subtracting one. For example, 
using the data in the table below from BEA's table 1.1.9, with the base 
year set to 2012, the inflation multiplier was calculated as 118.36/
100.00)-1 = 18.36 percent.\1\
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    \1\ Table 1.1.9 as revised on July 28, 2022.

------------------------------------------------------------------------
                                  Current implicit
                                 price deflator for   Latest BEA  annual
         Calendar year             gross domestic       inflation rate
                                  product  (base =            (%)
                                        2012)
------------------------------------------------------------------------
2012..........................               100.000                1.87
2013..........................               101.751                1.75
2014..........................               103.654                1.87
2015..........................               104.691                1.00
2016..........................               105.740                1.00
2017..........................               107.747                1.90
2018..........................               110.321                2.39
2019..........................               112.294                1.79
2020..........................               113.648                1.21
2021..........................               118.370                4.15
------------------------------------------------------------------------

    The following table summarizes the change in cost recovery fees 
from 2012 to 2022 using the calculated inflation rate multiplier:\2\
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    \2\ The fee amount reflects an amount rounded to the nearest 
whole dollar.

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  Service--processing of the following:         2012 Fee amount         Multiplier          2022 Fee amount
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Change in Designation of Operator.......  $175......................          1.1837  $207.
Right-of-Use and Easement for State       $2,742....................          1.1837  $3,246.
 lessee.
Exploration Plan (EP)...................  $3,673 for each surface             1.1837  $4,348 for each surface
                                           location; no fee for                        location; no fee for
                                           revisions.                                  revisions.
Development and Production Plan (DPP) or  $4,238 for each well                1.1837  $5,017 for each well
 Development Operations Coordination       proposed; no fee for                        proposed; no fee for
 Document (DOCD).                          revisions.                                  revisions.
Conservation Information Document.......  $27,348...................          1.1837  $32,372.
Assignment of record title interest in    $198......................          1.1837  $234.
 Federal oil and gas lease(s) for BOEM
 approval.
Sublease or Assignment of operating       $198......................          1.1837  $234.
 rights interest in Federal oil and gas
 lease(s) for BOEM approval.
Required document filing for record       $29.......................          1.1837  $34.
 purpose, but not for BOEM approval.
Non-required document filing for record   $29.......................          1.1837  $34.
 purposes.
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Procedural Requirements

A. Regulatory Planning and Review (E.O. 12866 and 13563)

    Executive Order (E.O.) 12866 provides that the Office of 
Information and Regulatory Affairs (OIRA) in OMB will review all 
significant rules. BOEM has determined that this rule is not 
significant because it does not meet any relevant financial threshold 
or raise any legal or policy issues.
    Executive Order 13563 reaffirms the principles of E.O. 12866 while 
calling for improvements in the Nation's regulatory system to promote 
predictability, reduce uncertainty, and use the best, most innovative, 
and least burdensome tools for achieving regulatory ends. The order 
directs agencies to consider regulatory approaches that reduce burdens 
and maintain flexibility and freedom of choice for the public where 
these approaches are relevant, feasible, and consistent with regulatory 
objectives. E.O. 13563 emphasizes further that regulations must be 
based on the best available science and that the rulemaking process 
must allow for public participation and an open exchange of ideas. BOEM 
has developed this rule in a manner consistent with these requirements 
to the extent permitted by statute.

B. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA, 5 U.S.C. 601 et seq.) requires 
an agency to prepare a regulatory flexibility analysis for all rules 
unless the agency certifies that the rule will not have a significant 
economic impact on a substantial number of small entities. The RFA 
applies only to rules for which an agency is required to first publish 
a proposed rule. See 5 U.S.C. 603(a) and 604(a). For the reasons 
discussed below, BOEM has determined that the Administrative Procedure 
Act does not require a proposed rule prior to this final rule. See 5 
U.S.C. 553(b). Thus, the RFA does not apply to this rulemaking.

C. Congressional Review Act

    This rule is not a major rule under the Congressional Review Act (5 
U.S.C. 804) because it:
    (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; and
    (c) 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.

[[Page 52445]]

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 this act (2 U.S.C. 1531 et seq.) 
is not required.

E. Takings (E.O. 12630)

    This rule does not effect a taking of private property or otherwise 
have takings implications under E.O. 12630. A takings implication 
assessment is not required.

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. A federalism summary is not 
required.

G. Civil Justice Reform (E.O. 12988)

    This rule complies with the requirements of E.O.D 12988. 
Specifically, this rule:
    (a) Meets the criteria of section 3(a) requiring that all 
regulations be reviewed to eliminate errors and ambiguity and be 
written to minimize litigation; and
    (b) Meets the criteria of section 3(b)(2) requiring that all 
regulations be written in clear language and contain clear legal 
standards.

H. Consultation With Indian Tribes (E.O. 13175 and Department of the 
Interior Policy)

    The Department of the Interior strives to strengthen its 
government-to-government relationship with Indian Tribes through a 
commitment to consultation with the Tribes and a recognition of their 
right to self-governance and Tribal sovereignty. BOEM evaluated this 
rule under the Department's consultation policy, under Departmental 
Manual part 512, chapters 4 and 5, and under the criteria in E.O. 
13175. BOEM determined that this rule has no substantial direct effects 
on federally recognized Indian Tribes and that consultation under the 
Department's Tribal consultation policy is not required.

I. Paperwork Reduction Act

    This rule does not contain information collection requirements, and 
a submission to OMB under the Paperwork Reduction Act (44 U.S.C. 3501 
et seq.) is not required. BOEM 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 of 1969

    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 (see 43 
CFR 46.210(i)). This rule is excluded from the requirement to prepare a 
detailed statement because it is a regulation of a financial nature. 
BOEM 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 the Energy Supply (E.O. 13211)

    This rule is not a significant energy action under the definition 
in E.O. 13211. A ``Statement of Energy Effects'' is not required.

L. Clarity of This Regulation

    E.O. 12866 (section 1(b)(12)), E.O. 12988 (section 3(b)(1)(B)), 
E.O. 13563 (section 1(a)), and the Presidential memorandum of June 1, 
1998, require that all rules will be written in plain language. This 
means that each rule 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 feel that BOEM has not met these requirements, send your 
comments to Peter Meffert at [email protected]. Your comments 
should be as specific as possible. For example, please indicate the 
sections or paragraphs that you find unclear or too long and the 
sections that you recommend lists or tables as useful aids, etc.

M. Administrative Procedure Act

    The Administrative Procedure Act 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. 5 U.S.C. 553(b). BOEM finds good cause to 
promulgate this rule without first providing an opportunity for public 
notice and comment because BOEM has specific authority under existing 
regulations to periodically adjust a number of its service fees 
according to the Implicit Price Deflator for Gross Domestic Product by 
publication of a document in the Federal Register. 30 CFR 550.125 and 
30 CFR 556.106. Under the Independent Offices Appropriation Act and OMB 
Circular No. A-25 Revised, BOEM must adjust the fees to cover its 
costs. The amount of the fee increase is not subject to BOEM's 
discretion as it is based on the Implicit Price Deflator as determined 
by the U.S. Bureau of Economic Analysis. Thus, BOEM finds pre-
promulgation notice and public comment to be unnecessary.

List of Subjects

30 CFR Part 550

    Administrative practice and procedure, Continental shelf, 
Environmental impact statements, Environmental protection, Federal 
lands, Government contracts, Investigations, Mineral resources, Oil and 
gas exploration, Outer continental shelf, Pipelines, Reporting and 
recordkeeping requirements, Rights-of-way, Sulfur.

30 CFR Part 556

    Administrative practice and procedure, Continental shelf, 
Environmental protection, Federal lands, Government contracts, 
Intergovernmental relations, Oil and gas exploration, Outer continental 
shelf, Mineral resources, Rights-of-way, Reporting and recordkeeping 
requirements.

Laura Daniel-Davis,
Principal Deputy Assistant Secretary, Land and Minerals Managements.

    For the reasons stated in the preamble, BOEM hereby amends 30 CFR 
parts 550 and 556 as follows:

PART 550--OIL AND GAS AND SULPHUR OPERATIONS IN THE OUTER 
CONTINENTAL SHELF

0
1. The authority citation for part 550 continues to read as follows:

    Authority: 30 U.S.C. 1751; 31 U.S.C. 9701; 43 U.S.C. 1334.


0
2. Amend Sec.  550.125 by revising paragraph (a) to read as follows:


Sec.  550.125  Service fees.

    (a) The table in this paragraph (a) shows the fees that you must 
pay to BOEM for the services listed. The fees will be adjusted 
periodically according

[[Page 52446]]

to the Implicit Price Deflator for Gross Domestic Product by 
publication of a document in the Federal Register. If a significant 
adjustment is needed to arrive at the new actual cost for any reason 
other than inflation, then a proposed rule containing the new fees will 
be published in the Federal Register for comment.

------------------------------------------------------------------------
  Service--processing of the
          following:              Fee amount         30 CFR citation
------------------------------------------------------------------------
(1) Change in Designation of   $207...........  Sec.   550.143(d).
 Operator.
(2) Right-of-Use and Easement  $3,246.........  Sec.   550.165.
 for State lessee.
(3) [Reserved]...............
(4) Exploration Plan (EP)....  $4,348 for each  Sec.   550.211(d).
                                surface
                                location; no
                                fee for
                                revisions.
(5) Development and            $5,017 for each  Sec.   550.241(e).
 Production Plan (DPP) or       well proposed;
 Development Operations         no fee for
 Coordination Document (DOCD).  revisions.
(6) [Reserved]...............
(7) Conservation Information   $32,372........  Sec.   550.296(a).
 Document.
------------------------------------------------------------------------

* * * * *

PART 556--LEASING OF SULFUR OR OIL AND GAS AND BONDING REQUIREMENTS 
IN THE OUTER CONTINENTAL SHELF

0
3. The authority citation for part 556 is revised to read as follows:

    Authority:  30 U.S.C. 1701 note, 30 U.S.C. 1711, 31 U.S.C. 9701, 
42 U.S.C. 6213, 43 U.S.C. 1331 note, 43 U.S.C. 1334, 43 U.S.C. 1801-
1802.


0
4. Amend Sec.  556.106 by revising paragraph (a) to read as follows:


Sec.  556.106  Service fees.

    (a) The table in this paragraph (a) shows the fees you must pay to 
BOEM for the services listed. BOEM will adjust the fees periodically 
according to the Implicit Price Deflator for Gross Domestic Product and 
publish a document showing the adjustment in the Federal Register. If a 
significant adjustment is needed to arrive at a new fee for any reason 
other than inflation, then a proposed rule containing the new fees will 
be published in the Federal Register for comment.

                                                Service Fee Table
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         Service--processing of the following:             Fee amount                30 CFR citation
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(1) Assignment of record title interest in Federal oil             $234  Sec.   556.701(a).
 and gas lease(s) for BOEM approval.
(2) Sublease or Assignment of operating rights interest             234  Sec.   556.801(a).
 in Federal oil and gas lease(s) for BOEM approval.
(3) Required document filing for record purpose, but                 34  Sec.   556.715(a)
 not for BOEM approval.                                                  Sec.   556.808(a).
(4) Non-required document filing for record purposes...              34  Sec.   556.715(b)
                                                                         Sec.   556.808(b).
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[FR Doc. 2022-18388 Filed 8-25-22; 8:45 am]
BILLING CODE 4340-98-P