[Federal Register Volume 89, Number 169 (Friday, August 30, 2024)]
[Rules and Regulations]
[Pages 70490-70494]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-18798]


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DEPARTMENT OF THE INTERIOR

Bureau of Ocean Energy Management

30 CFR Parts 550 and 556

[Docket No. BOEM-2024-0037]
RIN 1010-AE23


Adjustment of Service Fees for Outer Continental Shelf Activities

AGENCY: Bureau of Ocean Energy Management, Interior.

ACTION: Final rule.

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SUMMARY: The Department of the Interior (the Department or DOI), acting 
through the Bureau of Ocean Energy Management (BOEM), is amending its 
regulations related to service fees. This final rule adjusts for 
inflation the service fees due to BOEM for processing documents related 
to oil and gas activities on the Outer Continental Shelf (OCS).

DATES: This rule is effective November 1, 2024.

ADDRESSES: BOEM has established a docket for this action under Docket 
No. BOEM-2024-0037. All documents in the docket are listed on the 
https://www.regulations.gov website and can be found by entering the 
Docket No. in the ``Enter Keyword or ID'' search box and clicking 
``search''.

FOR FURTHER INFORMATION CONTACT: Kelley Spence, Office of Regulations, 
BOEM, 45600 Woodland Road, Sterling, Virginia 20166, at email address 
[email protected] or at telephone number (984) 298-7345; and Karen 
Thundiyil, Chief, Office of Regulations, BOEM, 1849 C Street NW, 
Washington DC 20240, at email address [email protected] or at 
telephone number (202) 742-0970. Individuals in the United States who 
are deaf, deafblind, hard of hearing, or have a speech disability may 
dial 711 (TTY, TDD, or TeleBraille) to access telecommunications relay 
services for contacting the contacts listed in this section. These 
services are available 24 hours a day, 7 days a week, to leave a 
message or question with the above individual. You will receive a reply 
during normal business hours. Individuals outside the United States 
should use the relay services offered within their country to make 
international calls to the point-of-contact in the United States.

SUPPLEMENTARY INFORMATION: Preamble acronyms and abbreviations. 
Multiple acronyms are included in this preamble. While this list may 
not be exhaustive, to ease the reading of this preamble and for 
reference purposes, BOEM explains the following acronyms here:

ANCSA Alaska Native Claims Settlement Act
APA Administrative Procedure Act
BEA Bureau of Economic Analysis
BOEM Bureau of Ocean Energy Management
CFR Code of Federal Regulations
CRA Congressional Review Act
DOCD Development Operations Coordination Document
DOI Department of the Interior (or Department)
DPP Development and Production Plan
E.O. Executive Order
EP Exploration Plan
FR Federal Register
NEPA National Environmental Policy Act
OCS Outer Continental Shelf
OIRA Office of Information and Regulatory Affairs
OMB Office of Management and Budget
PRA Paperwork Reduction Act
RFA Regulatory Flexibility Act
RUE Right-of-Use and Easement
SBREFA Small Business Regulatory Enforcement Fairness Act
UMRA Unfunded Mandates Reform Act
U.S.C. United States Code

    Background. The service fees being adjusted in this rulemaking were 
last adjusted on August 26, 2022 (87 FR 52443). BOEM is adjusting these 
service fees to reflect inflation since the last update.
    Organization of this document. The information in this preamble is 
organized as follows:

I. General Information
    A. Does this action apply to me?
    B. Where can I get a copy of this document and other related 
information?
II. Summary of the Rule
    A. Background
    B. Regulatory Amendments
III. Statutory and Executive Order Reviews
    A. Administrative Procedure Act
    B. Executive Order 12866: Regulatory Planning and Review, as 
Amended by Executive Order 14094: Modernizing Regulatory Review, and 
Executive Order 13563: Improving Regulation and Regulatory Review
    C. Regulatory Flexibility Act (RFA)
    D. Small Business Regulatory Enforcement Fairness Act (SBREFA)
    E. Unfunded Mandates Reform Act (UMRA)
    F. Executive Order 12630: Governmental Actions and Interference 
With Constitutionally Protected Property Rights
    G. Executive Order 13132: Federalism
    H. Executive Order 12988: Civil Justice Reform
    I. Executive Order 13175: Consultation and Coordination With 
Indian Tribal Governments
    J. Paperwork Reduction Act (PRA)
    K. National Environmental Policy Act (NEPA)
    L. Data Quality Act
    M. Executive Order 13211: Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use
    N. Congressional Review Act (CRA)

I. General Information

A. Does this action apply to me?

    Entities potentially affected by this final action are holders of 
oil, gas, and sulfur leases and Right-of-Use and Easement (RUE) grants 
on the OCS.

B. Where can I get a copy of this document and other related 
information?

    In addition to being available in the docket, BOEM will post an 
electronic copy of the documents related to this final action at: 
https://www.boem.gov/regulations-and-guidance.

II. Summary of the Rule

A. Background

    BOEM's regulations at 30 CFR 550.125 and 556.106 provide the 
authority for BOEM to periodically adjust 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

[[Page 70491]]

public, a charge will be imposed (to recover the full cost to the 
Federal Government for providing the special benefit, or the market 
price).''
    The service fees in 30 CFR 550.125 and 556.106 were last updated on 
August 26, 2022 (87 FR 52443). With this action, BOEM is adjusting the 
service fees to reflect inflation since the last update.

B. Regulatory Amendments

    This rule adjusts the service fees in accordance with BOEM's 
regulations at 30 CFR 550.125 and 556.106. The new 2024 fee amounts are 
based on an inflation rate of 10.94 percent as calculated by the 
Implicit Price Deflator for Gross Domestic Product for the 2-year 
period between 2021 and 2023.
    The inflation rate between any 2 years is calculated as the 
percentage difference between the measure of prices for a designated 
year (e.g., 2023) and some previous year (e.g., 2021). The prices 
include all new, domestically produced, final goods and services in the 
economy for the designated year (e.g., 2023). 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/?1301=i&1303=13&ReqID=13&isuri=1&step=3.
    The inflation rate was calculated by dividing the deflator from 
2023 by the deflator from 2021, and then subtracting one. For example, 
using the data in the table below from BEA's table 1.1.9 as revised on 
April 25, 2024, with the base year set to 2021, the inflation 
multiplier was calculated as (122.273/110.213)-1 = 10.94 percent. A 
copy of this table is available in the docket.

               Table 1--Data Sample from BEA's Table 1.1.9
------------------------------------------------------------------------
                                  Current implicit
                                 price deflator for
         Calendar Year             gross  domestic     Latest BEA annual
                                  product  (Base =      inflation rate
                                        2017)
------------------------------------------------------------------------
2017..........................               100.000               1.90%
2021..........................               110.213                4.15
2022..........................               117.973                4.80
2023..........................               122.273                5.32
------------------------------------------------------------------------

    Table 2 summarizes the change in service fees from 2022 to 2024 
using the calculated inflation rate multiplier.

                                  Table 2--Service Fees Adjusted for Inflation
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  Service--processing of the following:         2022 Fee amount         Multiplier          2024 Fee amount
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Change in Designation of Operator.......  $207......................          1.1094  $230.
RUE for State lessee....................  $3,246....................          1.1094  $3,601.
Exploration Plan (EP)...................  $4,348 for each surface             1.1094  $4,823 for each surface
                                           location; no fee for                        location; no fee for
                                           revisions.                                  revisions.
Development and Production Plan (DPP) or  $5,017 for each well                1.1094  $5,565 for each well
 Development Operations Coordination       proposed; no fee for                        proposed; no fee for
 Document (DOCD).                          revisions.                                  revisions.
Conservation Information Document.......  $32,372...................          1.1094  $35,914.
Assignment of record title interest in    $234......................          1.1094  $260.
 Federal oil and gas lease(s) for BOEM
 approval.
Sublease or Assignment of operating       $234......................          1.1094  $260.
 rights interest in Federal oil and gas
 lease(s) for BOEM approval.
Required document filing for record       $34.......................          1.1094  $38.
 purpose, but not for BOEM approval.
Non-required document filing for record   $34.......................          1.1094  $38.
 purposes.
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III. Statutory and Executive Order Reviews

A. Administrative Procedure Act

    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. See 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 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 556.106).
    Under the Independent Offices Appropriation Act and OMB Circular 
No. A-25 Revised (1993), BOEM can adjust service 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. As such, BOEM finds the 
publication of a proposed rule and an opportunity for public comment to 
be unnecessary.

B. Executive Order 12866: Regulatory Planning and Review, as Amended By 
Executive Order 14094: Modernizing Regulatory Review, and Executive 
Order 13563: Improving Regulation and Regulatory Review

    Executive Order (E.O.) 12866, as amended by E.O. 14094, provides 
that the Office of Information and Regulatory Affairs (OIRA) in OMB 
will review all significant rules. OIRA has determined that this rule 
is not a significant action under E.O. 12866, as amended by E.O. 14094, 
sec. 3(f)(1). This rulemaking will not result in an annual effect on 
the economy of $200 million or more (adjusted every 3 years by the

[[Page 70492]]

Administrator of OIRA for changes in gross domestic product), nor will 
it raise any legal or policy issues.
    E.O. 13563 reaffirms the principles of E.O. 12866, as amended by 
E.O. 14094, while calling for improvements in the Nation's regulatory 
system to promote predictability and reduce uncertainty, and to use the 
best, most innovative, and least burdensome tools for achieving 
regulatory ends. E.O. 13563 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. BOEM has developed this rule 
in a manner consistent with these requirements.

C. Regulatory Flexibility Act (RFA)

    The RFA, 5 U.S.C. 601-612, requires agencies to analyze the 
economic impact of regulations when a significant economic impact on a 
substantial number of small entities is likely and to consider 
regulatory alternatives that will achieve the agency's goals while 
minimizing the burden on 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 above, BOEM has 
determined that the APA does not require a proposed rule prior to this 
final rule. See 5 U.S.C. 553(b). As such, the RFA does not apply to 
this rulemaking.

D. Small Business Regulatory Enforcement Fairness Act (SBREFA)

    The SBREFA, 5 U.S.C. 804(2), requires BOEM to perform a regulatory 
flexibility analysis, provide guidance, and help small businesses 
comply with statutes and regulations for major rulemakings. This action 
is not subject to SBREFA because it will not have an annual effect on 
the economy of $100 million or more.

E. Unfunded Mandates Reform Act (UMRA)

    The UMRA, 2 U.S.C. 1531-1538, requires BOEM, unless otherwise 
prohibited by law, to assess the effects of regulatory actions on 
State, local, and Tribal governments, and the private sector. Section 
202 of UMRA generally requires BOEM to prepare a written statement, 
including a cost-benefit analysis, for each proposed and final rule 
with ``federal mandates'' that may result in expenditures by State, 
local, and Tribal governments, in the aggregate, or to the private 
sector, of $100 million or more in any one year. This action does not 
contain a Federal mandate under UMRA, 2 U.S.C. 1531-1538, that may 
result in expenditures of $100 million or more for State, local and 
Tribal governments, in the aggregate, or the private sector in any one 
year. Accordingly, BOEM is not required to prepare a written statement 
required under section 202 of UMRA.
    This action is not subject to the requirements of section 203 of 
UMRA because it contains no regulatory requirements that might 
significantly or uniquely affect small governments.

F. Executive Order 12630: Governmental Actions and Interference With 
Constitutionally Protected Property Rights

    Executive Order 12630 ensures that government actions affecting the 
use of private property are undertaken on a well-reasoned basis with 
due regard for the potential financial impacts imposed by the 
government. This action does not effect a taking of private property or 
otherwise have taking implications under E.O. 12630, and therefore a 
takings implication assessment is not required.

G. Executive Order 13132: Federalism

    Regulatory actions that have substantial direct effects 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 are subject to 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. It will not have substantial 
direct effects 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.

H. Executive Order 12988: Civil Justice Reform

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

I. Executive Order 13175: Consultation and Coordination With Indian 
Tribal Governments

    Executive Order 13175 defines policies that have Tribal 
implications as regulations, legislative comments or proposed 
legislation, and other policy statements or actions that will or may 
have a substantial direct effect on one or more Indian Tribes, or on 
the relationship between the Federal Government and one or more Indian 
Tribes. Additionally, the DOI's consultation policy for Tribal Nations 
and Alaska Native Claims Settlement Act (ANCSA) Corporations, as 
described in Departmental Manual part 512 chapter 4, expands on the 
above definition from E.O. 13175 and requires that BOEM invite Indian 
Tribes and ANCSA Corporations ``early in the planning process to 
consult whenever a Departmental plan or action with Tribal Implications 
arises.'' BOEM strives to strengthen its government-to-government 
relationships with Tribal Nations through a commitment to consultation 
with Tribes, recognition of their right to self-governance and Tribal 
sovereignty, and honoring BOEM's trust responsibilities for Tribal 
Nations. BOEM determined that this rule has no substantial direct 
effects on federally recognized Indian Tribes or ANCSA Corporations and 
that consultation is not required.

J. Paperwork Reduction Act (PRA)

    This rule does not contain information collection requirements, and 
a submission to OMB under the PRA (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.

K. National Environmental Policy Act (NEPA)

    This rule does not constitute a major Federal action significantly 
affecting the quality of the human environment. A detailed 
environmental analysis under NEPA is not required because this final 
rule is covered by a categorical exclusion (see 43 CFR 46.205). This 
final rule meets the criteria set forth at 43 CFR 46.210(i) for a 
Departmental categorical exclusion in that this action is ``of an 
administrative, financial, legal, technical, or procedural nature.'' 
BOEM has also determined that the final rule does not involve any of 
the extraordinary circumstances listed in 43 CFR 46.215 that would 
require further analysis under NEPA.

L. Data Quality Act

    In promulgating this rule, BOEM did not conduct or use a study, 
experiment, or survey requiring peer review under the Data Quality Act 
(Pub. L. 106-554, app. C, sec. 515, 114 Stat. 2763, 2763A-

[[Page 70493]]

153-154). In accordance with the Data Quality Act, the Department has 
issued guidance regarding the quality of information that it relies 
upon for regulatory decisions. This guidance is available at the 
Department's website at: https://www.doi.gov/ocio/policy-mgmt-support/information-and-records-management/iq.

M. Executive Order 13211: Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use

    Under E.O. 13211, BOEM is required to prepare and submit to OMB a 
``Statement of Energy Effects'' for ``significant energy actions.'' 
This should include a detailed statement of any adverse effects on 
energy supply, distribution, or use (including a shortfall in supply, 
price increases, and increased use of foreign supplies) expected to 
result from the action and a discussion of reasonable alternatives and 
their effects. This rule is not a significant energy action under the 
definition in E.O. 13211, therefore a ``Statement of Energy Effects'' 
is not required.

N. Congressional Review Act (CRA)

    This rule is not a major rule under the CRA (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.

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, OCS, 
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.
    This action is taken pursuant to an existing delegation of 
authority.

Steven H. Feldgus,
Principal Deputy Assistant Secretary, Land and Minerals Management.

    For the reasons stated in the preamble, BOEM amends 30 CFR chapter 
V as follows:

PART 550--OIL AND GAS AND SULFUR 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 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 Fee Table
------------------------------------------------------------------------
  Service--processing of the
          following:              Fee amount         30 CFR citation
------------------------------------------------------------------------
(1) Change in Designation of   $230...........  Sec.   550.143(d).
 Operator.
(2) Right-of-Use and Easement  $3,601.........  Sec.   550.165.
 for State lessee.
(3) [Reserved]...............  ...............  ........................
(4) Exploration Plan (EP)....  $4,823 for each  Sec.   550.211(d).
                                surface
                                location; no
                                fee for
                                revisions.
(5) Development and            $5,565 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   $35,914........  Sec.   550.296(a).
 Document.
------------------------------------------------------------------------

* * * * *

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

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

    Authority: 31 U.S.C. 9701; 42 U.S.C. 6213; 43 U.S.C. 1334.


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             $260  Sec.   556.701(a)
 and gas lease(s) for BOEM approval.
(2) Sublease or Assignment of operating rights interest            $260  Sec.   556.801(a)
 in Federal oil and gas lease(s) for BOEM approval.

[[Page 70494]]

 
(3) Required document filing for record purpose, but                $38  Sec.   556.715(a)
 not for BOEM approval.                                                  Sec.   556.808(a)
(4) Non-required document filing for record purposes...             $38  Sec.   556.715(b)
                                                                         Sec.   556.808(b)
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[FR Doc. 2024-18798 Filed 8-29-24; 8:45 am]
BILLING CODE 4340-98-P