7344 Federal Register / Vol. 86, No. 17 / Thursday, January 28, 2021 / Rules and Regulations 

FROM TO MEA 

#ALB R–067 UNUSABLE 

CAMBRIDGE, NY VOR/DME ....................................................... * JAMMA, VT FIX ......................................................................... 6200 

* 5000—MCA JAMMA, VT FIX, W BND 

JAMMA, VT FIX ............................................................................ LEBANON, NH VOR/DME .......................................................... 5000 

§ 95.6587 VOR Federal Airway V587 is Amended to Read in Part 

DAGGETT, CA VORTAC .............................................................. * WHIGG, CA FIX ........................................................................ 10500 

* 12000—MRA 

WHIGG, CA FIX ............................................................................ BOULDER CITY, NV VORTAC ................................................... 10500 

§ 95.6481 Alaska VOR Federal Airway V481 is Amended to Read in Part 

* JOHNSTONE POINT, AK VOR/DME ......................................... FIDAL, AK FIX ............................................................................. 14000 

* 14000—MCA JOHNSTONE POINT, AK VOR/DME, N BND.

FIDAL, AK FIX .............................................................................. ROBES, AK FIX ........................................................................... 14000 

ROBES, AK FIX ............................................................................ * KLUNG, AK FIX ......................................................................... 14000 

* 11200—MCA KLUNG, AK FIX, S BND 

KLUNG, AK FIX ............................................................................ GULKANA, AK VOR/DME.

S BND .......................................................................................... 10000 

N BND .......................................................................................... 7000 

FROM TO MEA MAA 

§ 95.7001 Jet Routes 

§ 95.7089 Jet Route J89 is Amended to Read in Part 

BADGER, WI VOR/DME .................................................. DULUTH, MN VORTAC ................................................... #18000 45000 

#BADGER R–322 UNUSABLE 

AIRWAY SEGMENT CHANGEOVER POINTS 

FROM TO DISTANCE FROM 

§ 95.8003 VOR Federal Airway Changeover Point V3 is Amended to Delete Changeover Point 

VANCE, SC VORTAC ........................................... FLORENCE, SC VORTAC .................................. 21 VANCE. 

V55 is Amended to Delete Changeover Point 

PARK RAPIDS, MN VOR/DME ............................. GRAND FORKS, ND VOR/DME ......................... 64 PARK RAPIDS. 

V115 is Amended to Delete Changeover Point 

HAZARD, KY VORTAC ......................................... CHARLESTON, SC VOR/DME ........................... 40 HAZARD. 

[FR Doc. 2021–01832 Filed 1–27–21; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Indian Affairs 

[212A2100DD/AAKC001030/ 

A0A501010.999900253G] 

25 CFR Parts 140, 141, 211, 213, 225, 

226, 227, 243 and 249 

RIN 1076–AF52 

Civil Penalties Inflation Adjustments; 

Annual Adjustments 

AGENCY: Bureau of Indian Affairs, 

Interior. 

ACTION: Final rule. 

SUMMARY: This rule provides for annual 

adjustments to the level of civil 

monetary penalties contained in Bureau 

of Indian Affairs (Bureau) regulations to 

account for inflation under the Federal 

Civil Penalties Inflation Adjustment Act 

Improvements Act of 2015 and Office of 

Management and Budget (OMB) 

guidance. 

DATES: This rule is effective on January 

28, 2021. 

FOR FURTHER INFORMATION CONTACT: 

Elizabeth Appel, Director, Office of 

Regulatory Affairs and Collaborative 

Action, Office of the Assistant 

Secretary—Indian Affairs; telephone 

(202) 273–4680, elizabeth.appel@

bia.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

II. Calculation of Annual Adjustments 

III. Procedural Requirements 

A. Regulatory Planning and Review (E.O. 

12866 and 13563) 

B. Reducing Regulation and Controlling 

Regulatory Costs (E.O. 13771) 

C. Regulatory Flexibility Act 

D. Small Business Regulatory Enforcement 

Fairness Act 

E. Unfunded Mandates Reform Act 

F. Takings (E.O. 12630) 

G. Federalism (E.O. 13132) 

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

I. Consultation With Indian Tribes (E.O. 

13175) 

J. Paperwork Reduction Act 

K. National Environmental Policy Act 

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

13211) 

M. Clarity of This Regulation 

N. Administrative Procedure Act 

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 with an 

initial ‘‘catch-up’’ adjustment through 

rulemaking and then make subsequent 

annual adjustments for inflation. The 

Federal Register / Vol. 86, No. 17 / Thursday, January 28, 2021 / Rules and Regulations 7345 

purpose of these adjustments is to 

maintain the deterrent effect of civil 

penalties and to further the policy goals 

of the underlying statutes. 

The Office of Management and Budget 

(OMB) issued guidance for Federal 

agencies on calculating the catch-up 

adjustment. See February 24, 2016, 

Memorandum for the Heads of 

Executive Departments and Agencies, 

from Shaun Donovan, Director, Office of 

Management and Budget, re: 

Implementation of the Federal Civil 

Penalties Inflation Adjustment Act 

Improvements Act of 2015 (M–16–06). 

Under the guidance, the Department 

identified applicable civil monetary 

penalties and calculated the catch-up 

adjustment. 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. The 

calculated catch-up adjustment is based 

on the percent change between the 

Consumer Price Index for all Urban 

Consumers (CPI0–U) for the month of 

October in the year of the previous 

adjustment (or in the year of 

establishment, if no adjustment has 

been made) and the October 2015 CPI– 

U. 

The Bureau issued an interim final 

rule providing for calculated catch-up 

adjustments on June 30, 2016 (81 FR 

42478) with an effective date of August 

1, 2016, and requesting comments postpromulgation. The Bureau issued a final 

rule affirming the catch-up adjustments 

set forth in the interim final rule on 

December 2, 2016 (81 FR 86953). The 

Bureau then issued a final rule making 

the next scheduled annual inflation 

adjustment for 2017 on January 23, 2017 

(82 FR 7649), for 2018 on February 6, 

2018 (83 FR 5192), for 2019 on April 15, 

2019 (84 FR 15098), and for 2020 on 

February 19, 2020 (85 FR 9366). 

II. Calculation of 2021 Annual 

Adjustments 

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 Russell 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. For 2021, OMB explains, 

October 2020 CPI–U (260.388)/October 

2019 CPI–U (257.346) = 1.01182.) 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. Further, agencies 

should apply the multiplier to the most 

recent penalty amount that includes the 

initial catch-up adjustment required by 

the Act. 

The annual adjustment applies to all 

civil monetary penalties with a dollar 

amount that are subject to the Act. This 

final rule adjusts the following civil 

monetary penalties contained in the 

Bureau’s regulations for 2021 by 

multiplying 1.01182 (i.e., the cost-ofliving adjustment multiplier for 2021) 

by each penalty amount as updated by 

the adjustment made in the prior year 

(2020): 

CFR citation Description of penalty 

Current 

penalty 

including 

catchup 

adjustment 

Annual 

adjustment 

(multiplier) 

Adjusted 

penalty 

for 2021 

25 CFR 140.3 ................. Penalty for trading in Indian country without a license ...................... $1,352 1.01182 $1,368

25 CFR 141.50 ............... Penalty for trading on Navajo, Hopi or Zuni reservations without a license.1,352 1.01182 1,368 

25 CFR 211.55 ............... Penalty for violation of leases of Tribal land for mineral development, violation of part 211, or failure to comply with a notice of 

noncompliance or cessation order.

1,626 1.01182 1,645 

25 CFR 213.37 ............... Penalty for failure of lessee to comply with lease of restricted lands 

of members of the Five Civilized Tribes in Oklahoma for mining, 

operating regulations at part 213, or orders.

1,352 1.01182 1,368 

25 CFR 225.37 ............... Penalty for violation of minerals agreement, regulations at part 225, 

other applicable laws or regulations, or failure to comply with a 

notice of noncompliance or cessation order.

1,721 1.01182 1,741 

25 CFR 226.42 ............... Penalty for violation of lease of Osage reservation lands for oil and 

gas mining or regulations at part 226, or noncompliance with the 

Superintendent’s order.

965 1.01182 976 

25 CFR 226.43(a) .......... Penalty per day for failure to obtain permission to start operations .. 96 1.01182 97 

25 CFR 226.43(b) .......... Penalty per day for failure to file records ........................................... 96 1.01182 97 

25 CFR 226.43(c) .......... Penalty for each well and tank battery for failure to mark wells and 

tank batteries.

96 1.01182 97 

25 CFR 226.43(d) .......... Penalty each day after operations are commenced for failure to 

construct and maintain pits.

96 1.01182 97 

25 CFR 226.43(e) .......... Penalty for failure to comply with requirements regarding valve or 

other approved controlling device.

193 1.01182 195 

25 CFR 226.43(f) ........... Penalty for failure to notify Superintendent before drilling, redrilling, 

deepening, plugging, or abandoning any well.

385 1.01182 390 

25 CFR 226.43(g) .......... Penalty per day for failure to properly care for and dispose of deleterious fluids.965 1.01182 976 

25 CFR 226.43(h) .......... Penalty per day for failure to file plugging and other required reports 96 1.01182 97 

7346 Federal Register / Vol. 86, No. 17 / Thursday, January 28, 2021 / Rules and Regulations 

CFR citation Description of penalty 

Current 

penalty 

including 

catchup 

adjustment 

Annual 

adjustment 

(multiplier) 

Adjusted 

penalty 

for 2021 

25 CFR 227.24 ............... Penalty for failure of lessee of certain lands in Wind River Indian 

Reservation, Wyoming, for oil and gas mining to comply with 

lease provisions, operating regulations, regulations at part 227, or 

orders.

1,352 1.01182 1,368 

25 CFR 243.8 ................. Penalty for non-Native transferees of live Alaskan reindeer who violates part 243, takes reindeer without a permit, or fails to abide 

by permit terms.

6,376 1.01182 6,451 

25 CFR 249.6(b) ............ Penalty for fishing in violation of regulations at part 249 (Off-Reservation Treaty Fishing).1,352 1.01182 1,368 

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 date of the Act). The Act does 

not, however, change previously 

assessed penalties that the Bureau 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. Reducing Regulation and Controlling 

Regulatory Costs (Executive Order 

13771) 

This rule is not an E.O. 13771 

regulatory action because this rule is not 

significant under Executive Order 

12866. 

C. Regulatory Flexibility Act 

This rule will not have a significant 

economic effect on a substantial number 

of small entities under the Regulatory 

Flexibility Act (5 U.S.C. 601 et seq.) 

because the rule makes adjustments for 

inflation. 

D. 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, 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. 

E. 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. 

F. Takings (E.O. 12630) 

This rule does not affect a taking of 

private property or otherwise have 

taking implications under Executive 

Order 12630. A takings implication 

assessment is not required. 

G. 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. 

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

This rule complies with the 

requirements of Executive Order 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. 

I. 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. 

J. 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 

Federal Register / Vol. 86, No. 17 / Thursday, January 28, 2021 / Rules and Regulations 7347 

information unless it displays a 

currently valid OMB control number. 

K. 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. 

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

13211) 

This rule is not a significant energy 

action under the definition in Executive 

Order 13211. A Statement of Energy 

Effects is not required. 

M. 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 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), the Bureau finds that there is 

good cause to promulgate this rule 

without first providing for public 

comment. It would not be possible to 

meet the deadlines imposed by the Act 

if we were to first publish a proposed 

rule, allow the public sufficient time to 

submit comments, analyze the 

comments, and publish a final rule. 

Also, the Bureau 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. The 

Bureau 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 impracticable and 

unnecessary. 

Furthermore, the Bureau finds under 

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

cause exists to make this 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 by January 15 of each 

year, notwithstanding section 553 of the 

APA. Under the statutory framework 

and OMB guidance, the new penalty 

levels take effect immediately upon the 

effective date of the adjustment. The 

statutory deadline does not allow time 

to delay this rule’s effective date beyond 

publication. Moreover, an effective date 

after January 15 would delay 

application of the new penalty levels, 

contrary to Congress’s intent. 

List of Subjects 

25 CFR 140 

Business and industry, Indians, 

Penalties. 

25 CFR 141 

Business and industry, Credit, 

Indians—business and finance, 

Penalties. 

25 CFR 211 

Geothermal energy, Indians—lands, 

Mineral resources, Mines, Oil and gas 

exploration, Reporting and 

recordkeeping requirements. 

25 CFR 213 

Indians—lands, Mineral resources, 

Mines, Oil and gas exploration, 

Reporting and recordkeeping 

requirements. 

25 CFR 225 

Geothermal energy, Indians—lands, 

Mineral resources, Mines, Oil and gas 

exploration, Penalties, Reporting and 

recordkeeping requirements, Surety 

bonds. 

25 CFR 226 

Indians—lands. 

25 CFR 227 

Indians—lands, Mineral resources, 

Mines, Oil and gas exploration, 

Reporting and recordkeeping 

requirements. 

25 CFR 243 

Indians, Livestock. 

25 CFR 249 

Fishing, Indians. 

For the reasons given in the preamble, 

the Department of the Interior amends 

Chapter 1 of title 25 Code of Federal 

Regulations as follows. 

Title 25—Indians 

Chapter 1—Bureau of Indian Affairs 

DEPARTMENT OF THE INTERIOR 

PART 140—LICENSED INDIAN 

TRADERS 

■ 1. The authority citation for part 140 

continues to read as follows: 

Authority: Sec. 5, 19 Stat. 200, sec. 1, 31 

Stat. 1066 as amended; 25 U.S.C. 261, 262; 

94 Stat. 544, 18 U.S.C. 437; 25 U.S.C. 2 and 

9; 5 U.S.C. 301; and Sec. 701, Pub. L. 114– 

74, 129 Stat. 599, unless otherwise noted. 

§ 140.3 [Amended] 

■ 2. In § 140.3, remove ‘‘$1,352’’ and 

add in its place ‘‘$1,368’’. 

PART 141—BUSINESS PRACTICES ON 

THE NAVAJO, HOPI AND ZUNI 

RESERVATIONS 

■ 3. The authority citation for part 141 

continues to read as follows: 

Authority: 5 U.S.C. 301; 25 U.S.C. 2 and 

9; and Sec. 701, Pub. L. 114–74, 129 Stat. 

599, unless otherwise noted. 

§ 141.50 [Amended] 

■ 4. In § 141.50, remove ‘‘$1,352’’ and 

add in its place ‘‘$1,368’’. 

PART 211—LEASING OF TRIBAL 

LANDS FOR MINERAL DEVELOPMENT 

■ 5. The authority citation for part 211 

continues to read as follows: 

Authority: Sec. 4, Act of May 11, 1938 (52 

Stat. 347); Act of August 1, 1956 (70 Stat. 

744); 25 U.S.C. 396a–g; 25 U.S.C. 2 and 9; 

and Sec. 701, Pub. L. 114–74, 129 Stat. 599, 

unless otherwise noted. 

§ 211.55 [Amended] 

■ 6. In § 211.55, in paragraph (a), 

remove ‘‘$1,626’’ and add in its place 

‘‘$1,645’’. 

7348 Federal Register / Vol. 86, No. 17 / Thursday, January 28, 2021 / Rules and Regulations 

1The increased CMPs, however, apply only with 

respect to underlying violations occurring after 

November 2, 2015 the date of enactment of the most 

recent amendment to the Act. 

2FinCEN has previously described that it applied 

a catch-up adjustment for each penalty subject to 

the Act, based on the year and corresponding 

amount(s) for which the maximum penalty or range 

of minimum and maximum penalties was 

established or last adjusted, whichever is later. See 

Civil Monetary Penalty Adjustment and Table, 81 

FR 42503, 42504 (June 30, 2016). Because the year 

varies for different penalties, penalties that were 

originally of the same size when promulgated can 

have different values today pursuant to the 

application of the Act. 

PART 213—LEASING OF RESTRICTED 

LANDS FOR MEMBERS OF FIVE 

CIVILIZED TRIBES, OKLAHOMA, FOR 

MINING 

■ 7. The authority citation for part 213 

continues to read as follows: 

Authority: Sec. 2, 35 Stat. 312; sec. 18, 41 

Stat. 426; sec. 1, 45 Stat. 495; sec. 1, 47 Stat. 

777; 25 U.S.C. 356; and Sec. 701, Pub. L. 

114–74, 129 Stat. 599. Interpret or apply secs. 

3, 11, 35 Stat. 313, 316; sec. 8, 47 Stat. 779, 

unless otherwise noted. 

§ 213.37 [Amended] 

■ 8. In § 213.37, remove ‘‘$1,352’’ and 

add in its place ‘‘$1,368’’. 

PART 225—OIL AND GAS, 

GEOTHERMAL AND SOLID MINERALS 

AGREEMENTS 

■ 9. The authority citation for part 225 

continues to read as follows: 

Authority: 25 U.S.C. 2, 9, and 2101–2108; 

and Sec. 701, Pub. L. 114–74, 129 Stat. 599. 

§ 225.37 [Amended] 

■ 10. In § 225.37, in paragraph (a), 

remove ‘‘$1,721’’ and add in its place 

‘‘$1,741’’. 

PART 226—LEASING OF OSAGE 

RESERVATION LANDS FOR OIL AND 

GAS MINING 

■ 11. The authority citation for part 226 

continues to read as follows: 

Authority: Sec. 3, 34 Stat. 543; secs. 1, 2, 

45 Stat. 1478; sec. 3, 52 Stat. 1034, 1035; sec. 

2(a), 92 Stat. 1660; and Sec. 701, Pub. L. 114– 

74, 129 Stat. 599. 

§ 226.42 [Amended] 

■ 12. In § 226.42, remove ‘‘$965’’ and 

add in its place ‘‘$976’’. 

§ 226.43 [Amended] 

■ 13. In § 226.43: 

■ a. Remove ‘‘$96’’ each time it appears 

and add in each place ‘‘$97’’ wherever 

it appears in this section. 

■ b. In paragraph (e), remove ‘‘$193’’ 

and add in its place ‘‘$195’’. 

■ c. In paragraph (f), remove ‘‘$385’’ and 

add in its place ‘‘$390’’. 

■ d. In paragraph (g), remove ‘‘$965’’ 

and add in its place ‘‘$976’’. 

PART 227—LEASING OF CERTAIN 

LANDS IN WIND RIVER INDIAN 

RESERVATION, WYOMING, FOR OIL 

AND GAS MINING 

■ 14. The authority citation for part 227 

continues to read as follows: 

Authority: Sec. 1, 39 Stat. 519; and Sec. 

701, Pub. L. 114–74, 129 Stat. 599, unless 

otherwise noted. 

§ 227.24 [Amended] 

■ 15. In § 227.24, remove ‘‘$1,352’’ and 

add in its place ‘‘$1,368’’. 

PART 243—REINDEER IN ALASKA 

■ 16. The authority citation for part 243 

continues to read as follows: 

Authority: Sec. 12, 50 Stat. 902; 25 U.S.C. 

500K; and Sec. 701, Pub. L. 114–74, 129 Stat. 

599. 

§ 243.8 [Amended] 

■ 17. In § 243.8, in paragraph (a) 

introductory text, remove ‘‘$6,376’’ and 

add in its place ‘‘$6,451’’. 

PART 249—OFF-RESERVATION 

TREATY FISHING 

■ 18. The authority citation for part 249 

continues to read as follows: 

Authority: 25 U.S.C. 2, and 9; 5 U.S.C. 

301; and Sec. 701, Pub. L. 114–74, 129 Stat. 

599, unless otherwise noted. 

§ 249.6 [Amended] 

■ 19. In § 249.6, in paragraph (b), 

remove ‘‘$1,352’’ and add in its place 

‘‘$1,368’’. 

Tara Sweeney, 

Assistant Secretary—Indian Affairs. 

[FR Doc. 2021–01517 Filed 1–27–21; 8:45 am] 

BILLING CODE 4337–15–P 

DEPARTMENT OF THE TREASURY 

Financial Crimes Enforcement Network 

31 CFR Part 1010 

Financial Crimes Enforcement 

Network; Inflation Adjustment of Civil 

Monetary Penalties 

AGENCY: Financial Crimes Enforcement 

Network (‘‘FinCEN’’), Treasury. 

ACTION: Final rule. 

SUMMARY: FinCEN publishes this final 

rule to reflect inflation adjustments to 

its civil monetary penalties (‘‘CMPs’’) as 

mandated by the Federal Civil Penalties 

Inflation Adjustment Act of 1990, as 

amended. This rule adjusts certain 

CMPs within the jurisdiction of FinCEN 

to the maximum amount required by 

that act. 

DATES: Effective January 28, 2021. 

FOR FURTHER INFORMATION CONTACT: The 

FinCEN Regulatory Support Section at 

1–800–767–2825, or electronically at 

frc@fincen.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

In order to improve the effectiveness 

of civil monetary penalties (‘‘CMPs’’) 

and to maintain their deterrent effect, 

the Federal Civil Penalties Inflation 

Adjustment Act of 1990, as amended, 28 

U.S.C. 2461 note (the ‘‘Act’’), requires 

Federal agencies to adjust each CMP 

provided by law within the jurisdiction 

of the agency. The Act requires agencies 

to adjust the level of CMPs with an 

initial ‘‘catch-up’’ adjustment through 

an interim final rulemaking and to make 

subsequent annual adjustments for 

inflation, without needing to provide 

notice and the opportunity for public 

comment otherwise required by 5 U.S.C. 

553. The Act provides that any increase 

in a CMP shall apply to CMPs that are 

assessed after the date the increase takes 

effect, regardless of whether the 

underlying violation predated such 

increase.1

II. Method of Calculation 

The method of calculating CMP 

adjustments applied in this final rule is 

required by the Act. Under the Act and 

the Office of Management and Budget 

(‘‘OMB’’) guidance required by the Act, 

annual inflation adjustments subsequent 

to the initial catch-up adjustment are to 

be based on the percent change between 

the Consumer Price Index for all Urban 

Consumers (‘‘CPI–U’’) for the October 

preceding the date of the adjustment 

and the prior year’s October CPI–U. As 

set forth in OMB Memorandum M–21– 

10 of December 23, 2020, the adjustment 

multiplier for 2021 is 1.01182. In order 

to complete the 2021 annual 

adjustment, each current CMP is 

multiplied by the 2021 adjustment 

multiplier. Under the Act, any increase 

in CMP must be rounded to the nearest 

multiple of $1.2

Procedural Matters 

1. Administrative Procedure Act 

Section 4(b) of the Act requires 

agencies, beginning in 2017, to make 

annual adjustments for inflation to 

CMPs without needing to provide notice 

and the opportunity for public comment 

required by 5 U.S.C. 553. Additionally, 

the methodology used for adjusting 

CMPs for inflation, effective 2017, is