Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Rules and Regulations 7653 

may not slow down, stop, or anchor 

except in the case of unforeseen 

mechanical failure or other emergency, 

to avoid collision, or to otherwise 

comply with the Inland Navigation 

Rules (33 CFR part 83), unless given 

prior authorization from the Captain of 

the Port. Any person or vessel forced to 

slow or stop in the established zone 

must immediately notify the Captain of 

the Port Tampa via VHF channel 16. 

(2) The Coast Guard will provide 

notice of the regulated area by Local 

Notice to Mariners, Broadcast Notice to 

Mariners, and on-scene designated 

representatives. 

(d) Enforcement period. This section 

will be enforced daily from January 29, 

2021, through February 7, 2021. 

Dated: January 15, 2021. 

Matthew A. Thompson, 

Captain, U.S. Coast Guard, Captain of the 

Port St. Petersburg. 

[FR Doc. 2021–02107 Filed 1–28–21; 11:15 am] 

BILLING CODE 9110–04–P 

LIBRARY OF CONGRESS 

Copyright Office 

37 CFR Part 210 

[Docket No. 2020–12] 

Music Modernization Act Transition 

Period Transfer and Reporting of 

Royalties to the Mechanical Licensing 

Collective; Correction 

AGENCY: U.S. Copyright Office, Library 

of Congress. 

ACTION: Final rule; correction. 

SUMMARY: The U.S. Copyright Office is 

correcting a final rule that appeared in 

the Federal Register on January 11, 

2021. The rule addressed digital music 

providers’ obligations to transfer and 

report accrued royalties for the use of 

unmatched musical works (or shares 

thereof) to the mechanical licensing 

collective for purposes of eligibility for 

the Music Modernization Act’s 

limitation on liability for prior 

unlicensed uses. 

DATES: Effective February 10, 2021. 

FOR FURTHER INFORMATION CONTACT: John 

R. Riley, Assistant General Counsel, by 

email at jril@copyright.gov, or Jason E. 

Sloan, Assistant General Counsel, by 

email at jslo@copyright.gov. Each can be 

contacted by telephone by calling (202) 

707–8350. 

SUPPLEMENTARY INFORMATION: In FR Doc. 

2020–29190 appearing on page 2176 in 

the Federal Register of Monday, January 

11, 2021, the following correction is 

made: 

§ 210.10 [Corrected] 

■ 1. On page 2203, in the third column, 

in part 210, in amendment 3, the 

instruction ‘‘Amend § 210.10 by revising 

paragraphs (b) introductory text, (b)(1), 

(b)(2) introductory text, and (b)(3)(i) and 

adding paragraphs (c) through (m) to 

read as follows:’’ is corrected to read 

‘‘Amend § 210.10 by revising paragraphs 

(b) introductory text, (b)(1), (b)(2) 

introductory text, and (b)(3)(i) and 

adding paragraphs (c) through (o) to 

read as follows:’’ 

Dated: January 25, 2021. 

Shira Perlmutter, 

Register of Copyrights and Director of the 

U.S. Copyright Office. 

Approved by: 

Carla D. Hayden, 

Librarian of Congress. 

[FR Doc. 2021–02049 Filed 1–29–21; 8:45 am] 

BILLING CODE 1410–30–P 

DEPARTMENT OF THE INTERIOR 

Office of the Secretary of the Interior 

43 CFR Part 10 

[NPS–WASO–NAGPRA–31250; 

PPWOVPADU0/PPMPRLE1Y.Y00000] 

RIN 1024–AE67 

Civil Penalties Inflation Adjustments 

AGENCY: Office of the Secretary, Interior. 

ACTION: Final rule. 

SUMMARY: This rule revises U.S. 

Department of the Interior regulations 

implementing the Native American 

Graves Protection and Repatriation Act 

to provide for annual adjustments of 

civil penalties to account for inflation 

under the Federal Civil Penalties 

Inflation Adjustment Act Improvements 

Act of 2015 and Office of Management 

and Budget guidance. The purpose of 

these adjustments is to maintain the 

deterrent effect of civil penalties and to 

further the policy goals of the 

underlying statute. 

DATES: This rule is effective on February 

1, 2021. 

FOR FURTHER INFORMATION CONTACT: 

Melanie O’Brien, Manager, National 

NAGPRA Program, (202) 354–2204, 

National Park Service, 1849 C Street 

NW, Washington, DC 20240. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On November 2, 2015, the President 

signed into law the Federal Civil 

Penalties Inflation Adjustment Act 

Improvements Act of 2015 (Sec. 701 of 

Pub. L. 114–74) (‘‘the Act’’). The Act 

requires Federal agencies to adjust the 

level of civil monetary penalties 

annually for inflation no later than 

January 15 of each year. 

II. Calculation of Annual Adjustments 

The Office of Management and Budget 

(OMB) recently issued guidance to assist 

Federal agencies in implementing the 

annual adjustments required by the Act 

which agencies must complete by 

January 15, 2021. See December 23, 

2020, Memorandum for the Heads of 

Executive Departments and Agencies, 

from Russel T. Vought, Director, Office 

of Management and Budget, re: 

Implementation of Penalty Inflation 

Adjustments for 2021, Pursuant to the 

Federal Civil Penalties Inflation 

Adjustment Act Improvements Act of 

2015 (M–21–10). The guidance states 

that the cost-of-living adjustment 

multiplier for 2021, based on the 

Consumer Price Index (CPI–U) for the 

month of October 2020, not seasonally 

adjusted, is 1.01182. (The annual 

inflation adjustments are based on the 

percent change between the October 

CPI–U preceding the date of the 

adjustment, and the prior year’s October 

CPI–U.) The guidance instructs agencies 

to complete the 2021 annual adjustment 

by multiplying each applicable penalty 

by the multiplier, 1.01182, and 

rounding to the nearest dollar. 

The annual adjustment applies to all 

civil monetary penalties with a dollar 

amount that are subject to the Act. A 

civil monetary penalty is any 

assessment with a dollar amount that is 

levied for a violation of a Federal civil 

statute or regulation, and is assessed or 

enforceable through a civil action in 

Federal court or an administrative 

proceeding. A civil monetary penalty 

does not include a penalty levied for 

violation of a criminal statute, or fees for 

services, licenses, permits, or other 

regulatory review. This final rule adjusts 

the following civil monetary penalties 

contained in the Department regulations 

implementing the Native American 

Graves Protection and Repatriation Act 

(NAGPRA) for 2021 by multiplying 

1.01182 by each penalty amount as 

updated by the adjustment made in 

2020: 

7654 Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Rules and Regulations 

CFR citation Description of the penalty 

Current penalty 

including 

catch-up 

adjustment 

Annual 

adjustment 

(multiplier) 

Adjusted 

penalty 

43 CFR 10.12(g)(2) ..................................... Failure of Museum to Comply ..................... $6,955 1.01182 $7,037 

43 CFR 10.12(g)(3) ..................................... Continued Failure to Comply Per Day ........ 1,392 1.01182 1,408 

Consistent with the Act, the adjusted 

penalty levels for 2021 will take effect 

immediately upon the effective date of 

the adjustment. The adjusted penalty 

levels for 2021 will apply to penalties 

assessed after that date including, if 

consistent with agency policy, 

assessments associated with violations 

that occurred on or after November 2, 

2015. The Act does not, however, 

change previously assessed penalties 

that the Department is collecting or has 

collected. Nor does the Act change an 

agency’s existing statutory authorities to 

adjust penalties. 

III. Procedural Requirements 

A. Regulatory Planning and Review 

(E.O. 12866 and 13563) 

Executive Order 12866 provides that 

the Office of Information and Regulatory 

Affairs in the Office of Management and 

Budget will review all significant rules. 

The Office of Information and 

Regulatory Affairs has determined that 

this rule is not significant. 

Executive Order 13563 reaffirms the 

principles of E.O. 12866 while calling 

for improvements in the Nation’s 

regulatory system to promote 

predictability, to reduce uncertainty, 

and to use the best, most innovative, 

and least burdensome tools for 

achieving regulatory ends. The 

Executive 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. We have developed 

this rule in a manner consistent with 

these requirements. 

B. Regulatory Flexibility Act 

The Regulatory Flexibility Act (RFA) 

requires an agency to prepare a 

regulatory flexibility analysis for 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). The RFA does not 

apply to this final rule because the 

Office of the Secretary is not required to 

publish a proposed rule for the reasons 

explained below in Section III.L. 

C. Congressional Review Act 

This rule is not a major rule under 5 

U.S.C. 804(2). This rule: 

(a) Does 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. 

(c) Does 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. 

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 the Unfunded Mandates 

Reform 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 

taking implications under Executive 

Order 12630. A takings implication 

assessment is not required. 

F. Federalism (E.O. 13132) 

Under the criteria in section 1 of 

Executive Order 13132, this rule does 

not have sufficient federalism 

implications to warrant the preparation 

of a federalism summary impact 

statement. A federalism summary 

impact statement is not required. 

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

This rule complies with the 

requirements of E.O. 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 Departmental policy) 

The Department of the Interior strives 

to strengthen its government-togovernment relationship with Indian 

tribes through a commitment to 

consultation with Indian tribes and 

recognition of their right to selfgovernance and tribal sovereignty. We 

have evaluated this rule under the 

Department’s consultation policy and 

under the criteria in Executive Order 

13175 and have determined that it 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 the Office of 

Management and Budget under the 

Paperwork Reduction Act (44 U.S.C. 

3501 et seq.) is not required. We 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 

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. 

This rule is excluded from the 

requirement to prepare a detailed 

statement because it is a regulation of an 

administrative nature. (For further 

information see 43 CFR 46.210(i).) We 

have 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 Executive 

Order 13211; the rule is not likely to 

have a significant adverse effect on the 

supply, distribution, or use of energy, 

Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Rules and Regulations 7655 

and the rule has not otherwise been 

designated by the Administrator of 

Office of Information and Regulatory 

Affairs as a significant energy action. A 

Statement of Energy Effects is not 

required. 

L. Administrative Procedure Act 

The Act requires agencies to publish 

annual inflation adjustments by no later 

than January 15 of each year, 

notwithstanding section 553 of the 

Administrative Procedure Act (APA) (5 

U.S.C. 553). OMB has interpreted this 

direction to mean that the usual APA 

public procedure for rulemaking— 

which includes public notice of a 

proposed rule, an opportunity for public 

comment, and a delay in the effective 

date of a final rule—is not required 

when agencies issue regulations to 

implement the annual adjustments to 

civil penalties that the Act requires. 

Accordingly, we are issuing the 2021 

annual adjustments as a final rule 

without prior notice or an opportunity 

for comment and with an effective date 

immediately upon publication in the 

Federal Register. 

List of Subjects in 43 CFR Part 10 

Administrative practice and 

procedure, Hawaiian natives, Historic 

preservation, Indians—claims, 

Indians—lands, Museums, Penalties, 

Public lands, Reporting and 

recordkeeping requirements. 

For the reasons given in the preamble, 

the Office of the Secretary amends 43 

CFR part 10 as follows: 

PART 10—NATIVE AMERICAN 

GRAVES PROTECTION AND 

REPATRIATION REGULATIONS 

■ 1. The authority citation for part 10 

continues to read as follows: 

Authority: 16 U.S.C. 470dd; 25 U.S.C. 9, 

3001 et seq. 

§ 10.12 [Amended] 

■ 2. In § 10.12: 

■ a. In paragraph (g)(2) introductory 

text, remove ‘‘$6,955’’ and add in its 

place ‘‘$7,037’’. 

■ b. In paragraph (g)(3), remove 

‘‘$1,392’’ and add in its place ‘‘$1,408’’. 

George Wallace, 

Assistant Secretary for Fish and Wildlife and 

Parks. 

Editorial note: This document was 

received for publication by the Office of the 

Federal Register on January 14, 2021. 

[FR Doc. 2021–01303 Filed 1–29–21; 8:45 am] 

BILLING CODE 4312–52–P