3744 Federal Register / Vol. 86, No. 10 / Friday, January 15, 2021 / Rules and Regulations 

■ 2. In § 1464.3, amend the definition of 

‘‘Priority resource concern’’ by revising 

paragraphs (1) and (2) to read as follows: 

§ 1464.3 Definitions. 

* * * * * 

Priority resource concern * * * 

(1) Water quality improvement, 

including source water protection, 

through measures such as reducing 

erosion, promoting sediment control, or 

addressing nutrient management 

activities affecting large bodies of water 

of regional, national, or international 

significance; 

(2) Water quantity improvement, 

including protection or improvement 

relating to: 

* * * * * 

■ 3. In § 1464.20 revise paragraphs (b)(1) 

and (2) as follows: 

§ 1464.20 Proposal procedures. 

* * * * * 

(b) * * * 

(1) The scope of the proposed project, 

including one or more conservation 

benefits that the project must achieve; 

(2) A plan for monitoring, evaluating, 

and reporting on progress made toward 

achieving the project’s conservation 

objectives; 

* * * * * 

■ 4. Amend § 1464.21 by: 

■ a. In paragraph (b)(5), removing the 

word ‘‘or’’ and add the word ‘‘and’’ in 

its place; 

■ b. In paragraph (b)(7), removing the 

word ‘‘or’’; 

■ c. Redesignating paragraph (b)(8) as 

paragraph (b)(9); 

■ d. Adding new paragraph (b)(8); and 

■ e. Adding paragraph (c)(4). 

The additions read as follows. 

§ 1464.21 Ranking consideration and 

proposal selection. 

* * * * * 

(b) * * * 

(8) To a significant extent involve— 

(i) Historically underserved 

producers; 

(ii) A community-based organization 

comprising, representing, or exclusively 

working with historically underserved 

producers; 

(iii) Developing an innovative 

conservation approach or technology 

specifically targeting historically 

underserved producers’ unique needs 

and limitations; or 

(iv) An 1890 or 1994 land grant 

institution (7 U.S.C. 3222 et seq.), 

Hispanic-serving institution (20 U.S.C. 

1101a), or other minority-serving 

institution, such as an historically Black 

college or university (20 U.S.C. 1061), a 

tribally controlled college or university 

(25 U.S.C. 1801), or Asian American and 

Pacific Islander-serving institution (20 

U.S.C. 1059g); or 

* * * * * 

(c) * * * 

(4) Lands outside of a CCA are not 

eligible for consideration under the CCA 

funding pool, even where such land 

may influence resource concerns within 

the CCA. 

■ 5. Amend § 1464.22 by: 

■ a. Redesignating paragraphs (d)(11) 

and (12) as paragraphs (d)(12) and (13); 

■ d. Adding new paragraph (d)(11). 

The addition reads as set forth below. 

§ 1464.22 Partnership agreements. 

* * * * * 

(d) * * * 

(11) Provide a detailed description of 

how the lead partner will facilitate 

participation of historically underserved 

producers (including through advance 

payment options, increased payment 

rates, outreach activities, or other 

methods for increasing participation by 

historically underserved producers) if 

the proposal received increased ranking 

priority as described in § 1464.21(b)(8); 

* * * * * 

§ 1464.25 [Amended] 

■ 6. In § 1466.25 amend paragraph (b)(2) 

by removing the parenthetical phrase 

‘‘(such as roads, dams, and irrigation 

facilities)’’. 

■ 7. In § 1464.30, add paragraph (d)(4) 

to read as follows: 

§ 1464.30 Application for program 

contracts and selecting applications for 

funding. 

* * * * * 

(d) * * * 

(4) Lands outside of a CCA are not 

eligible for applications in the CCA, 

even where conservation efforts on such 

land may influence resource concerns 

within the CCA. 

Kevin Norton, 

Acting Chief, Natural Resources Conservation 

Service. 

Robert Stephenson, 

Executive Vice President, Commodity Credit 

Corporation. 

[FR Doc. 2021–00300 Filed 1–12–21; 4:15 pm] 

BILLING CODE 3410–16–P 

NUCLEAR REGULATORY 

COMMISSION 

10 CFR Part 2 

[NRC–2020–0033] 

RIN 3150–AK46 

Non-Substantive Amendments to 

Adjudicatory Proceeding 

Requirements 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Direct final rule; confirmation of 

effective date. 

SUMMARY: The U.S. Nuclear Regulatory 

Commission (NRC) is confirming the 

effective date of January 19, 2021, for 

the direct final rule that was published 

in the Federal Register on November 5, 

2020. This direct final rule revised and 

clarified the agency’s rules of practice 

and procedure to reflect current Atomic 

Safety and Licensing Board Panel 

practice, Commission case law, and a 

decision of the Supreme Court of the 

United States and to enhance 

consistency within the NRC’s 

regulations. 

DATES: Effective date: The effective date 

of January 19, 2021, for the direct final 

rule published November 5, 2020 (85 FR 

70435), is confirmed. 

ADDRESSES: Please refer to Docket ID 

NRC–2020–0033 when contacting the 

NRC about the availability of 

information for this action. You may 

obtain publicly-available information 

related to this action by any of the 

following methods: 

• Federal Rulemaking website: Go to 

https://www.regulations.gov and search 

for Docket ID NRC–2020–0033. Address 

questions about NRC dockets to Dawn 

Forder; telephone: 301–415–3407; 

email: Dawn.Forder@nrc.gov. For 

technical questions, contact the 

individual listed in the FOR FURTHER

INFORMATION CONTACT section of this 

document. 

• NRC’s Agencywide Documents 

Access and Management System 

(ADAMS): You may obtain publiclyavailable documents online in the 

ADAMS Public Documents collection at 

https://www.nrc.gov/reading-rm/ 

adams.html. To begin the search, select 

‘‘Begin Web-based ADAMS Search.’’ For 

problems with ADAMS, please contact 

the NRC’s Public Document Room (PDR) 

reference staff at 1–800–397–4209, 301– 

415–4737, or by email to 

PDR.Resource@nrc.gov. The ADAMS 

accession number for each document 

referenced (if it is available in ADAMS) 

is provided the first time that it is 

Federal Register / Vol. 86, No. 10 / Friday, January 15, 2021 / Rules and Regulations 3745 

1Adjustment of Civil Penalties for Inflation, (73 

FR 54671; Sept. 23, 2008); Adjustment of Civil 

Penalties for Inflation, (69 FR 62393; Oct. 26, 2004); 

Adjustment of Civil Penalties for Inflation; 

Miscellaneous Administrative Changes, (65 FR 

59270; Oct. 4, 2000); Adjustment of Civil Monetary 

Penalties for Inflation, (61 FR 53554; Oct. 11, 1996). 

An adjustment was not performed in 2012 because 

the FCPIAA at the time required agencies to round 

their CMP amounts to the nearest multiple of 

$1,000 or $10,000, depending on the size of the 

CMP amount, and the 2012 adjustments based on 

the statutory formula were small enough that no 

adjustment resulted. 

mentioned in the SUPPLEMENTARY

INFORMATION section. 

• Attention: The Public Document 

Room (PDR), where you may examine 

and order copies of public documents is 

currently closed. You may submit your 

request to the PDR via email at 

PDR.Resource@nrc.gov or call 1–800– 

397–4209 between 8:00 a.m. and 4:00 

p.m. (EST), Monday through Friday, 

except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: Ian 

Irvin, Office of the General Counsel, 

U.S. Nuclear Regulatory Commission, 

Washington DC 20555–0001; telephone: 

301–287–9193, email: 2020_Part_2_

Rulemaking@usnrc.onmicrosoft.com. 

SUPPLEMENTARY INFORMATION: On 

November 5, 2020 (85 FR 70435), the 

NRC published a direct final rule 

amending its regulations in part 2 of 

title 10 of the Code of Federal 

Regulations to reflect current Atomic 

Safety and Licensing Board Panel 

practice, Commission case law, and a 

decision of the Supreme Court of the 

United States and to enhance 

consistency within the NRC’s 

regulations. In the direct final rule, the 

NRC stated that, if no significant 

adverse comments were received, then 

the direct final rule would become 

effective on January 19, 2021. The NRC 

received one, out of scope comment on 

the direct final rule. Therefore, the 

direct final rule will become effective as 

scheduled. 

Dated January 11, 2021. 

For the Nuclear Regulatory Commission. 

Cindy K. Bladey, 

Chief, Regulatory Analysis and Rulemaking 

Support Branch, Division of Rulemaking, 

Environmental, and Financial Support, Office 

of Nuclear Material Safety and Safeguards. 

[FR Doc. 2021–00824 Filed 1–14–21; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

10 CFR Parts 2 and 13 

[NRC–2018–0293; 3150–AK25] 

Adjustment of Civil Penalties for 

Inflation for Fiscal Year 2021 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Final rule. 

SUMMARY: The U.S. Nuclear Regulatory 

Commission (NRC) is amending its 

regulations to adjust the maximum Civil 

Monetary Penalties it can assess under 

statutes enforced by the agency. These 

changes are mandated by the Federal 

Civil Penalties Inflation Adjustment Act 

of 1990, as amended by the Federal 

Civil Penalties Inflation Adjustment Act 

Improvements Act of 2015. The NRC is 

amending its regulations to adjust the 

maximum civil monetary penalty for a 

violation of the Atomic Energy Act of 

1954, as amended, or any regulation or 

order issued under the Atomic Energy 

Act from $303,471 to $307,058 per 

violation, per day. Additionally, the 

NRC is amending provisions concerning 

program fraud civil penalties by 

adjusting the maximum civil monetary 

penalty under the Program Fraud Civil 

Remedies Act from $11,665 to $11,803 

for each false claim or statement. 

DATES: This final rule is effective on 

January 15, 2021. 

ADDRESSES: Please refer to Docket ID 

NRC–2018–0293 when contacting the 

NRC about the availability of 

information for this action. You may 

obtain publicly-available information 

related to this action by any of the 

following methods: 

• Federal Rulemaking website: Go to 

https://www.regulations.gov and search 

for Docket ID NRC–2018–0293. Address 

questions about NRC dockets to Dawn 

Forder; telephone: 301–415–3407; 

email: Dawn.Forder@nrc.gov. For 

technical questions, contact the 

individual listed in the FOR FURTHER

INFORMATION CONTACT section of this 

document. 

• NRC’s Agencywide Documents 

Access and Management System 

(ADAMS): You may obtain publiclyavailable documents online in the 

ADAMS Public Documents collection at 

https://www.nrc.gov/reading-rm/ 

adams.html. To begin the search, select 

‘‘Begin Web-based ADAMS Search.’’ For 

problems with ADAMS, please contact 

the NRC’s Public Document Room (PDR) 

reference staff at 1–800–397–4209, 301– 

415–4737, or by email to pdr.resource@

nrc.gov. The ADAMS accession number 

for each document referenced (if it is 

available in ADAMS) is provided the 

first time that it is mentioned in the 

SUPPLEMENTARY INFORMATION section. 

• NRC’s PDR: Attention: The Public 

Document Room (PDR), where you may 

examine and order copies of public 

documents is currently closed. You may 

submit your request to the PDR via 

email at PDR.Resource@nrc.gov or call 

1–800–397–4209 between 8:00 a.m. and 

4:00 p.m. (EST), Monday through 

Friday, except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: Eric 

Michel, Office of the General Counsel, 

U.S. Nuclear Regulatory Commission, 

Washington, DC 20555–0001, telephone: 

301–415–0932; email: Eric.Michel2@

nrc.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents: 

I. Background 

II. Discussion 

III. Rulemaking Procedure 

IV. Section-by-Section Analysis 

V. Regulatory Analysis 

VI. Regulatory Flexibility Act 

VII. Backfitting and Issue Finality 

VIII. Plain Writing 

IX. National Environmental Policy Act 

X. Paperwork Reduction Act 

XI. Congressional Review Act 

I. Background 

Congress passed the Federal Civil 

Penalties Inflation Adjustment Act of 

1990 (FCPIAA) to allow for regular 

adjustment for inflation of civil 

monetary penalties (CMPs), maintain 

the deterrent effect of such penalties 

and promote compliance with the law, 

and improve the collection of CMPs by 

the Federal government (Pub. L. 101– 

410, 104 Stat. 890; 28 U.S.C. 2461 note). 

Pursuant to this authority, and as 

amended by the Debt Collection 

Improvement Act of 1996 (Pub. L. 104– 

34, 110 Stat. 1321–373), the NRC 

increased via rulemaking the CMP 

amounts for violations of the Atomic 

Energy Act of 1954, as amended (AEA) 

(codified at § 2.205 of title 10 of the 

Code of Federal Regulations (10 CFR)) 

and Program Fraud Civil Remedies Act 

(codified at § 13.3) on four occasions 

between 1996 and 2008.1

On November 2, 2015, Congress 

amended the FCPIAA through the 

Federal Civil Penalties Inflation 

Adjustment Act Improvements Act of 

2015 (2015 Improvements Act) (Sec. 

701, Pub. L. 114–74, 129 Stat. 599). The 

2015 Improvements Act required that 

the head of each agency perform an 

initial ‘‘catch-up’’ adjustment via 

rulemaking, adjusting the CMPs 

enforced by that agency according to the 

percentage change in the Consumer 

Price Index (CPI) between the month of 

October 2015 and the month of October 

of the calendar year when the CMP 

amount was last established by 

Congress. The NRC performed this 

catch-up rulemaking on July 1, 2016 (81 

FR 43019). 

The 2015 Improvements Act also 

requires that the head of each agency