7808 Federal Register / Vol. 86, No. 20 / Tuesday, February 2, 2021 / Rules and Regulations 

PART 1986—PROCEDURES FOR THE 

HANDLING OF RETALIATION 

COMPLAINTS UNDER THE EMPLOYEE 

PROTECTION PROVISION OF THE 

SEAMAN’S PROTECTION ACT (SPA), 

AS AMENDED 

§ 1986.110 [Corrected] 

■ 2. On page 1793, in the third column, 

correct amendatory instruction 133 to 

read: ‘‘133. In § 1986.110, revise the 

section heading and paragraph (c) to 

read as follows:’’. 

Stephanie Swirsky, 

Deputy Assistant Secretary of Labor for 

Policy. 

[FR Doc. 2021–02169 Filed 2–1–21; 8:45 am] 

BILLING CODE 4510–HW–P 

DEPARTMENT OF THE INTERIOR 

Office of Natural Resources Revenue 

30 CFR Part 1241 

[Docket No. ONRR–2020–0002; DS63644000 

DRT000000.CH7000 212D1113RT] 

RIN 1012–AA29 

Inflation Adjustments to Civil Monetary 

Penalty Rates for Calendar Year 2021 

AGENCY: Office of the Secretary, Office 

of Natural Resources Revenue, Interior. 

ACTION: Final rule. 

SUMMARY: The Office of Natural 

Resources Revenue (ONRR) publishes 

this final rule to increase its maximum 

civil monetary penalty (CMP) rates to 

account for inflation occurring between 

October 2019 and October 2020. 

DATES: This rule is effective on February 

2, 2021. 

FOR FURTHER INFORMATION CONTACT: For 

questions on procedural issues, contact 

Luis Aguilar, Regulatory Specialist, by 

telephone at (303) 231–3418 or email to 

Luis.Aguilar@onrr.gov. For questions on 

technical issues, contact Michael 

Marchetti, Program Manager for 

Enforcement and Litigation Support, by 

telephone at (303) 231–3125 or email to 

Michael.Marchetti@onrr.gov. You may 

obtain a paper copy of this rule by 

contacting Mr. Aguilar by phone or 

email. 

SUPPLEMENTARY INFORMATION: 

I. Background 

II. Inflation-Adjusted Maximum Rates 

III. Procedural Requirements 

A. Regulatory Planning and Review (E.O. 

12866) 

B. Regulatory Flexibility Act 

C. Small Business Regulatory Enforcement 

Fairness Act 

D. Unfunded Mandates Reform Act 

E. Takings (E.O. 12630) 

F. Federalism (E.O. 13132) 

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

H. Consultation With Indian Tribes (E.O. 

13175) 

I. Paperwork Reduction Act 

J. National Environmental Policy Act 

K. Effects on the Energy Supply (E.O. 

13211) 

L. Clarity of This Regulation 

M. Administrative Procedure Act 

I. Background 

The Federal Civil Penalties Inflation 

Adjustment Act of 1990, as amended by 

the Federal Civil Penalties Inflation 

Adjustment Act Improvements Act of 

2015 (collectively, ‘‘the Act’’), codified 

at 28 U.S.C. 2461, requires Federal 

agencies to adjust their civil monetary 

penalty (CMP) rates for inflation every 

year. 

In accordance with sections 4 and 5 

of the Act, the annual CMP inflation 

adjustment for 2021 is based on the 

percent change in the Consumer Price 

Index for all Urban Consumers (CPI–U) 

between October 2019 and October 

2020. The CPI–U for October 2019 was 

257.346, and for October 2020 was 

260.388, for an increase of 1.01182%. In 

accordance with section 5(a) of the Act, 

the new maximum CMP rates must be 

rounded to the nearest whole dollar. In 

accordance with section 6 of the Act, 

the new maximum penalty rates will 

apply only to CMPs, including those 

that are associated with violations 

predating the increase, that ONRR 

assesses after the date the increase takes 

effect. 

ONRR assesses CMPs under the 

Federal Oil and Gas Royalty 

Management Act, 30 U.S.C. 1719, and 

its regulations at 30 CFR part 1241. 

ONRR calculates and assesses CMPs per 

violation, at the applicable rate, for each 

day such violation continues. 

II. Inflation-Adjusted Maximum Rates 

This final rule increases the 

maximum CMP rates for each of the four 

violation categories identified in 30 

U.S.C. 1719(a) through (d) and 30 CFR 

part 1241. The following list identifies 

the existing ONRR regulations 

containing CMP rates and shows those 

rates before and after this increase. 

30 CFR citation Current 

penalty rate 

2021 

inflation 

adjustment 

multiplier 

2021 

adjusted 

penalty rate 

1241.52(a)(2) ............................................................................................................................... $1,273 1.01182 $1,288 

1241.52(b) .................................................................................................................................... 12,740 1.01182 12,891 

1241.60(b)(1) ............................................................................................................................... 25,479 1.01182 25,780 

1241.60(b)(2) ............................................................................................................................... 63,699 1.01182 64,452 

IV. Procedural Requirements 

A. Regulatory Planning and Review 

(Executive Orders 12866 and 13563) 

Executive Order (E.O.) 12866 provides 

that the Office of Information and 

Regulatory Affairs (OIRA) in the Office 

of Management and Budget (OMB) will 

review all significant rules. OIRA has 

determined that this rule is not 

significant. 

E.O. 13563 reaffirms the principles of 

E.O. 12866, while calling for 

improvements in the United States’ 

regulatory system to promote 

predictability, to reduce uncertainty, 

and to use the 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. 

E.O. 13563 emphasizes 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. ONRR 

developed this rule in a manner 

consistent with these requirements. 

B. Regulatory Flexibility Act 

This rule will not have a significant 

economic effect on a substantial number 

of small entities under the Regulatory 

Flexibility Act (RFA), 5 U.S.C. 601, et 

seq., because the rule only makes 

adjustments for inflation. The Federal 

Civil Penalties Inflation Adjustment Act 

Improvements Act of 2015 requires 

agencies to adjust civil penalties with an 

annual inflation adjustment. Therefore, 


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Federal Register / Vol. 86, No. 20 / Tuesday, February 2, 2021 / Rules and Regulations 7809 

the RFA does not apply to this 

rulemaking. 

C. Small Business Regulatory 

Enforcement Fairness Act 

This rule is not a major rule under 5 

U.S.C. 804(2), the Small Business 

Regulatory Enforcement Fairness Act. 

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, 

local government agencies; or 

geographic regions; and 

c. Does not have significant adverse 

effects on competition, employment, 

investment, productivity, innovation, or 

the ability of United States-based 

enterprises to compete with foreignbased 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. This 

rule does not have a significant or 

unique effect on State, local, or Tribal 

governments or the private sector. 

Therefore, ONRR is not required to 

provide a statement containing the 

information that the Unfunded 

Mandates Reform Act (2 U.S.C. 1531, et 

seq.) requires because this rule is not an 

unfunded mandate. 

E. Takings (E.O. 12630) 

This rule does not result in a taking 

of private property or otherwise have 

takings implications under E.O. 12630. 

Therefore, this rule does not require a 

takings implication assessment. 

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. 

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), 

which requires that ONRR review all 

regulations to eliminate errors and 

ambiguity and to write them to 

minimize litigation; and 

b. Meets the criteria of section 3(b)(2), 

which requires that ONRR write all 

regulations in clear language, using 

clear legal standards. 

H. Consultation With Indian Tribal 

Governments (E.O. 13175) 

The Department of the Interior (DOI) 

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. 

Under the DOI’s consultation policy and 

the criteria in E.O. 13175, ONRR 

evaluated this rule and determined that 

it will have no substantial, direct effects 

on federally recognized Indian Tribes 

and does not require consultation. 

I. Paperwork Reduction Act 

This rule: 

(a) Does not contain any new 

information collection requirements; 

and 

(b) Does not require a submission to 

OMB under the Paperwork Reduction 

Act of 1995 (44 U.S.C. 3501, et seq.). See 

5 CFR 1320.4(a)(2). 

J. National Environmental Policy Act of 

1969 (NEPA) 

This rule does not constitute a major 

Federal action significantly affecting the 

quality of the human environment. 

ONRR is not required to provide a 

detailed statement under NEPA because 

this rule qualifies for categorical 

exclusion under 43 CFR 46.210(i) in that 

this rule is ‘‘. . . of an administrative, 

financial, legal, technical, or procedural 

nature. . . .’’ ONRR also has 

determined that this rule is not involved 

in 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 and, therefore, does not require a 

Statement of Energy Effects. 

L. Clarity of This Regulation 

ONRR is required by E.O. 12866 

(section 1(b)(12)), E.O. 12988 (section 

3(b)(1)(B)), and E.O. 13563 (section 

1(a)), and by the Presidential 

Memorandum of June 1, 1998, to write 

all rules in plain language. This means 

that each rule ONRR publishes 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; 

(e) Use lists and tables wherever 

possible; 

If you feel that ONRR has not met 

these requirements, send your 

comments to Luis.Aguilar@onrr.gov. 

Your comments should be as specific as 

possible. For example, you should 

identify the number of the sections or 

paragraphs that you find unclear, which 

sections or sentences are too long, the 

sections where you feel lists or tables 

would be useful, etc. 

M. Administrative Procedure Act (APA) 

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, ONRR is 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. 

Section 553(b) of 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. Under section 

553(b), ONRR finds that there is good 

cause to promulgate this rule without 

first providing for public comment. 

ONRR is promulgating this final rule to 

implement the statutory directive in the 

Act, which requires agencies to publish 

a final rule and to update the civil 

penalty amounts by applying a specified 

formula. ONRR has no discretion to vary 

the amount of the adjustment to reflect 

any views or suggestions provided by 

commenters. Accordingly, it would 

serve no purpose to provide an 

opportunity for public comment on this 

rule prior to promulgation. Thus, 

providing for notice and public 

comment is unnecessary. 

Furthermore, ONRR finds under 

section 553(d)(3) of the APA that good 

cause exists to make this direct final 

rule effective immediately upon 

publication in the Federal Register. In 

the Act, Congress expressly required 

Federal agencies to publish annual 

inflation adjustments to civil penalties 

in the Federal Register no later than 

January 15 of every year, 

notwithstanding section 553 of the APA. 

Under the statutory framework and 

OMB guidance, the new penalty levels 

are to take effect immediately upon 

publication. Moreover, an effective date 


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7810 Federal Register / Vol. 86, No. 20 / Tuesday, February 2, 2021 / Rules and Regulations 

after January 15 would delay 

application of the new penalty levels, 

contrary to Congress’s intent. 

List of Subjects in 30 CFR Part 1241 

Administrative practice and 

procedure, Civil penalties, Coal, 

Geothermal, Inflation, Mineral 

resources, Natural gas, Notices of noncompliance, Oil. 

Kimbra G. Davis, 

Director for Office of Natural Resources 

Revenue. 

Editorial note: This document was 

received for publication by the Office of the 

Federal Register on January 19, 2021. 

Authority and Issuance 

For the reasons discussed in the 

preamble, ONRR amends 30 CFR part 

1241 as set forth below: 

PART 1241—PENALTIES 

■ 1. The authority citation for part 1241 

continues to read as follows: 

Authority: 25 U.S.C. 396 et seq., 396a et 

seq., 2101 et seq.; 30 U.S.C. 181 et seq., 351 

et seq., 1001 et seq., 1701 et seq.; 43 U.S.C. 

1301 et seq., 1331 et seq., 1801 et seq. 

§ 1241.52 [Amended] 

■ 2. Amend § 1241.52 by: 

■ a. In paragraph (a)(2), removing 

‘‘$1,273’’ and adding in its place 

‘‘$1,288’’. 

■ b. In paragraph (b) introductory text, 

removing ‘‘$12,740’’ and adding in its 

place ‘‘$12,891’’. 

§ 1241.60 [Amended] 

■ 3. Amend § 1241.60 by: 

■ a. In paragraph (b)(1) introductory 

text, removing ‘‘$25,479’’ and adding in 

its place ‘‘$25,780’’. 

■ b. In paragraph (b)(2), removing 

‘‘$63,699’’ and adding in its place 

‘‘$64,452’’. 

[FR Doc. 2021–01502 Filed 2–1–21; 8:45 am] 

BILLING CODE 4335–30–P 

DEPARTMENT OF THE TREASURY 

Financial Crimes Enforcement Network 

31 CFR Part 1010 

Financial Crimes Enforcement 

Network; Inflation Adjustment of Civil 

Monetary Penalties 

Correction 

In Rule document 2021–01919, 

appearing on pages 7348–7349, in the 

issue of Thursday, January 28, 2021, 

make the following correction: 

§ 1010.821 Penalty adjustment and table 

[Corrected]. 

■ On page 7349, in the table titled 

‘‘Table 1’’, in the fourth column, the 

entry ‘‘[INSERT DATE OF 

PUBLICATION IN THE FEDERAL 

REGISTER]’’ should read ‘‘January 28, 

2021’’. 

[FR Doc. C1–2021–01919 Filed 2–1–21; 8:45 am] 

BILLING CODE 1301–00–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2020–0556] 

RIN 1625–AA11 

Regulated Navigation Area; Sparkman 

Channel, Tampa, FL 

AGENCY: Coast Guard, DHS. 

ACTION: Final rule. 

SUMMARY: The Coast Guard is removing 

an existing regulated navigation area in 

Sparkman Channel, located in Tampa, 

FL. The regulated navigation area is no 

longer needed to protect vessels 

navigating in the area. This action 

removes the existing regulations related 

to restricting vessel draft in the channel 

due to an underwater pipeline that is no 

longer a navigational concern. 

DATES: This rule is effective March 4, 

2021. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2020– 

0556 in the ‘‘SEARCH’’ box and click 

‘‘SEARCH.’’ Click on Open Docket 

Folder on the line associated with this 

rule. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call or 

email Lieutenant Clark Sanford, Sector 

St. Petersburg, Coast Guard; telephone 

(813) 228–2191 x8105, email 

Clark.W.Sanford@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

DHS Department of Homeland Security 

FR Federal Register 

NPRM Notice of proposed rulemaking 

§ Section 

U.S.C. United States Code 

II. Background Information and 

Regulatory History 

On January 25, 1991, the Coast Guard 

established a regulated navigation area 

in Sparkman Channel. The regulated 

navigation area is described in 33 CFR 

165.752. The regulated navigation area 

was created to restrict navigation in the 

area to vessels with a draft of less than 

34.5 feet. A recent survey places the 

sewer line at or below the permitted 

depth of 42 feet. The navigation hazard 

is properly marked on the water surface 

as well as on navigation charts. With the 

advancement in technologies and 

mechanical innovations coupled with 

the expertise of the pilots that guide 

vessels in and around Port Tampa Bay, 

the current restricted navigation area 

along Sparkman Channel has become 

outdated. In response, on November 27, 

2020, the Coast Guard published a 

notice of proposed rulemaking (NPRM) 

titled, ‘‘Regulated Navigation Area; 

Sparkman Channel, Tampa, FL’’ (85 FR 

75996). There we stated why we issued 

the NPRM, and invited comments on 

our proposed regulatory action related 

to this fireworks display. During the 

comment period that ended December 

28, 2020, we received three comments. 

III. Legal Authority and Need for Rule 

The Coast Guard is issuing this rule 

under authority in 46 U.S.C. 70034. The 

Commander, Seventh Coast Guard 

District has determined the current 

restricted navigation area along 

Sparkman Channel has become 

outdated and is no longer needed for 

Sparkman Channel. The purpose of this 

rule is to remove unnecessary 

restrictions to navigation in Sparkman 

Channel in Tampa, FL. 

IV. Discussion of Comments, Changes, 

and the Rule 

The Coast Guard received three 

submissions from private citizens in 

response to the proposed rule. One 

commenter endorsed the Coast Guard’s 

proposal. The other two comments were 

not relevant to the scope of this 

rulemaking. There are no changes in the 

regulatory text of this rule from the 

proposed rule in the NPRM. 

This rule removes the existing 

regulated navigation area established in 

33 CFR 165.752. This regulation placed 

restrictions on vessel navigation in 

Sparkman Channel in Tampa, Florida 

based on vessel drafts. 

V. Regulatory Analyses 

We developed this rule after 

considering numerous statutes and 

Executive orders related to rulemaking. 

Below we summarize our analyses 

based on a number of these statutes and 

Executive orders, and we discuss First 

Amendment rights of protestors. 


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