Rule2024-18798
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 30, 2024
Effective
November 1, 2024
Issuing agencies
Interior DepartmentOcean Energy Management Bureau
Abstract
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).
Full Text
<html>
<head>
<title>Federal Register, Volume 89 Issue 169 (Friday, August 30, 2024)</title>
</head>
<body><pre>
[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-18798]
=======================================================================
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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
<a href="https://www.regulations.gov">https://www.regulations.gov</a> 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
<a href="/cdn-cgi/l/email-protection#49022c25252c30671a392c272a2c092b262c24672e263f"><span class="__cf_email__" data-cfemail="de95bbb2b2bba7f08daebbb0bdbb9ebcb1bbb3f0b9b1a8">[email protected]</span></a> 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 <a href="/cdn-cgi/l/email-protection#0b406a796e65255f637e656f627262674b69646e66256c647d"><span class="__cf_email__" data-cfemail="e4af8596818acab08c918a808d9d8d88a4868b8189ca838b92">[email protected]</span></a> 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:
<a href="https://www.boem.gov/regulations-and-guidance">https://www.boem.gov/regulations-and-guidance</a>.
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 <a href="https://apps.bea.gov/iTable/?1301=i&1303=13&ReqID=13&isuri=1&step=3">https://apps.bea.gov/iTable/?1301=i&1303=13&ReqID=13&isuri=1&step=3</a>.
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
----------------------------------------------------------------------------------------------------------------
Service--processing of the following: 2022 Fee amount Multiplier 2024 Fee amount
----------------------------------------------------------------------------------------------------------------
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.
----------------------------------------------------------------------------------------------------------------
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: <a href="https://www.doi.gov/ocio/policy-mgmt-support/information-and-records-management/iq">https://www.doi.gov/ocio/policy-mgmt-support/information-and-records-management/iq</a>.
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
----------------------------------------------------------------------------------------------------------------
Service--processing of the following: Fee amount 30 CFR citation
----------------------------------------------------------------------------------------------------------------
(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)
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2024-18798 Filed 8-29-24; 8:45 am]
BILLING CODE 4340-98-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on August 30, 2024.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.