Rule2022-18388
Adjustment of Service Fees for Outer Continental Shelf Activities
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
August 26, 2022
Effective
November 1, 2022
Issuing agencies
Interior DepartmentOcean Energy Management Bureau
Abstract
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.
Full Text
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<title>Federal Register, Volume 87 Issue 165 (Friday, August 26, 2022)</title>
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[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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 <a href="/cdn-cgi/l/email-protection#6a1a0f1e0f1844070f0c0c0f181e2a08050f07440d051c"><span class="__cf_email__" data-cfemail="6e1e0b1a0b1c40030b08080b1c1a2e0c010b0340090118">[email protected]</span></a>.
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 <a href="https://apps.bea.gov/iTable/index_nipa.cfm">https://apps.bea.gov/iTable/index_nipa.cfm</a>.
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.
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Current implicit
price deflator for Latest BEA annual
Calendar year gross domestic inflation rate
product (base = (%)
2012)
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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
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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 <a href="/cdn-cgi/l/email-protection#2050455445520e4d45464645525460424f454d0e474f56"><span class="__cf_email__" data-cfemail="f9899c8d9c8bd7949c9f9f9c8b8db99b969c94d79e968f">[email protected]</span></a>. 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.
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Service--processing of the
following: Fee amount 30 CFR citation
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(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.
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* * * * *
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
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