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 

Federal Register / Vol. 86, No. 17 / Thursday, January 28, 2021 / Rules and Regulations 7349 

provided by statute, with no discretion 

provided to agencies regarding the 

substance of the adjustments for 

inflation to CMPs. FinCEN is charged 

only with performing ministerial 

computations to determine the dollar 

amount of adjustments for inflation to 

CMPs. Accordingly, prior public notice 

and an opportunity for public comment 

and a delayed effective date are not 

required for this rule. 

2. Regulatory Flexibility Act 

Because no notice of proposed 

rulemaking is required, the provisions 

of the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.) do not apply. 

3. Executive Order 12866 and 13771 

This rule is not a significant 

regulatory action as defined in section 

3(f) of Executive Order 12866, and, as a 

result, this rule is not considered a 

regulatory action under Executive Order 

13771. 

4. Paperwork Reduction Act 

The provisions of the Paperwork 

Reduction Act of 1995, Public Law 104– 

13, 44 U.S.C. Chapter 35, and its 

implementing regulations, 5 CFR part 

1320, do not apply to this rule because 

there are no new or revised 

recordkeeping or reporting 

requirements. 

List of Subjects in 31 CFR Part 1010 

Authority delegations (Government 

agencies), Administrative practice and 

procedure, Banks, banking, Brokers, 

Currency, Foreign banking, Foreign 

currencies, Gambling, Investigations, 

Penalties, Reporting and recordkeeping 

requirements, Securities, Terrorism. 

Authority and Issuance 

For the reasons set forth in the 

preamble, part 1010 of chapter X of title 

31 of the Code of Federal Regulations is 

amended as follows: 

PART 1010—GENERAL PROVISIONS 

■ 1. The authority citation for part 1010 

continues to read as follows: 

Authority: 12 U.S.C. 1829b and 1951– 

1959; 31 U.S.C. 5311–5314, 5316–5332; Title 

III, sec. 314, Pub. L. 107–56, 115 Stat. 307; 

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

■ 2. Amend § 1010.821 by revising 

Table 1 in paragraph (b) to read as 

follows: 

§ 1010.821 Penalty adjustment and table. 

* * * * * 

(b) * * * 

TABLE 1 OF § 1010.821—PENALTY ADJUSTMENT TABLE

U.S. Code citation Civil monetary penalty description 

Penalties as 

last amended by 

statute 

Maximum penalty 

amounts or range 

of minimum and 

maximum penalty 

amounts for 

penalties 

assessed on or 

after [INSERT 

DATE OF 

PUBLICATION IN 

THE FEDERAL 

REGISTER] 

12 U.S.C. 1829b(j) ....................... Relating to Recordkeeping Violations For Funds Transfers ........... $10,000 $21,663 

12 U.S.C. 1955 ............................ Willful or Grossly Negligent Recordkeeping Violations ................... 10,000 21,663

31 U.S.C. 5318(k)(3)(C) .............. Failure to Terminate Correspondent Relationship with Foreign 

Bank.

10,000 14,653 

31 U.S.C. 5321(a)(1) ................... General Civil Penalty Provision for Willful Violations of Bank Secrecy Act Requirements.25,000–100,000 59,017–236,071 

31 U.S.C. 5321(a)(5)(B)(i) ........... Foreign Financial Agency Transaction—Non-Willful Violation of 

Transaction.

10,000 13,640 

31 U.S.C. 5321(a)(5)(C)(i)(I) ........ Foreign Financial Agency Transaction—Willful Violation of Transaction.100,000 136,399 

31 U.S.C. 5321(a)(6)(A) .............. Negligent Violation by Financial Institution or Non-Financial Trade 

or Business.

500 1,180 

31 U.S.C. 5321(a)(6)(B) .............. Pattern of Negligent Activity by Financial Institution or Non-Financial Trade or Business.50,000 91,816 

31 U.S.C. 5321(a)(7) ................... Violation of Certain Due Diligence Requirements, Prohibition on 

Correspondent Accounts for Shell Banks, and Special Measures.

1,000,000 1,465,309 

31 U.S.C. 5330(e) ........................ Civil Penalty for Failure to Register as Money Transmitting Business.5,000 8,708 

Kenneth A. Blanco, 

Director, Financial Crimes Enforcement 

Network. 

[FR Doc. 2021–01919 Filed 1–27–21; 8:45 am] 

BILLING CODE 4810–02–P 

DEPARTMENT OF VETERANS 

AFFAIRS 

38 CFR Part 17 

RIN 2900–AP46 

Prosthetic and Rehabilitative Items and 

Services; Delayed Effective Date 

AGENCY: Department of Veterans Affairs. 

ACTION: Final rule; delay of effective 

date. 

SUMMARY: In accordance with the 

Presidential directive as expressed in 

the memorandum of January 20, 2021, 

from the Assistant to the President and 

Chief of Staff, entitled ‘‘Regulatory 

Freeze Pending Review’’ and the OMB 

guidance M–21–14, ‘‘Implementation of 

Memorandum Concerning Regulatory 

Freeze Pending Review’’, both issued on 

January 20, 2021, this action 

temporarily delays until February 26, 

2021 the effective date of the rule 

entitled Prosthetic and Rehabilitative