Federal Register / Vol. 86, No. 20 / Tuesday, February 2, 2021 / Rules and Regulations 7807 

PART 127—VIOLATIONS AND 

PENALTIES 

■ 5. The authority citation for part 127 

continues to read as follows: 

Authority: Sections 2, 38, and 42, Pub. L. 

90–629, 90 Stat. 744 (22 U.S.C. 2752, 2778, 

2791); 22 U.S.C. 401; 22 U.S.C. 2651a; 22 

U.S.C. 2779a; 22 U.S.C. 2780; E.O. 13637, 78 

FR 16129; Pub. L. 114–74, 129 Stat. 584. 

§ 127.10 [Amended] 

■ 6. In § 127.10: 

■ a. In paragraph (a)(1)(i), remove 

‘‘$1,183,736’’ and add in its place 

‘‘$1,197,728’’; 

■ b. In paragraph (a)(1)(ii), remove 

‘‘$860,683’’ and add in its place 

‘‘$870,856’’; and 

■ c. In paragraph (a)(1)(iii), remove 

‘‘$1,024,457’’ and add in its place 

‘‘$1,036,566’’. 

PART 138—RESTRICTIONS ON 

LOBBYING 

■ 7. The authority citation for part 138 

continues to read as follows: 

Authority: 22 U.S.C. 2651a; 31 U.S.C. 

1352; Pub. L. 114–74, 129 Stat. 584. 

§ 138.400 [Amended] 

■ 8. In § 138.400: 

■ a. Remove ‘‘$20,489’’ and ‘‘$204,892’’ 

and add in their place ‘‘$20,731’’ and 

‘‘$207,314’’, respectively, wherever they 

occur. 

■ b. In paragraph (e), remove ‘‘$20,158’’ 

and add in its place ‘‘$20,396’’. 

Zachary A. Parker, 

Director, Office of Directives Management. 

Editorial note: This document was 

received for publication by the Office of the 

Federal Register on January 11, 2021. 

[FR Doc. 2021–00668 Filed 2–1–21; 8:45 am] 

BILLING CODE 4710–10–P 

DEPARTMENT OF LABOR 

Office of the Secretary of Labor 

29 CFR Part 22 

Occupational Safety and Health 

Administration 

29 CFR Part 1986 

RIN 1290–AA28 

Rules of Practice and Procedure 

Concerning Filing and Service and 

Amended Rules Concerning Filing and 

Service; Correction 

AGENCY: Employment and Training 

Administration, Office of Workers’ 

Compensation Programs, Office of the 

Secretary, Office of Labor-Management 

Standards, Wage and Hour Division, 

Occupational Safety and Health 

Administration, Office of Federal 

Contract Compliance Programs. 

ACTION: Direct final rule; correction. 

SUMMARY: The Department of Labor 

(Department or DOL) is correcting a 

direct final rule that appeared in the 

Federal Register on January 11, 2021, 

‘‘Rules of Practice and Procedure 

Concerning Filing and Service and 

Amended Rules Concerning Filing and 

Service.’’ The companion proposed rule 

to the final rule was published in the 

same issue of the Federal Register. The 

final rule required electronic filing (efiling) and made acceptance of 

electronic service (e-service) automatic 

for attorneys and non-attorney 

representatives representing parties in 

proceedings before the Administrative 

Review Board, unless the Board 

authorized non-electronic filing and 

service for good cause. Among other 

changes, the final rule was intended to 

revise several sections of the Code of 

Federal Regulations. However, the final 

rule as published inadvertently omitted 

amendatory instructions to revise two 

section headings, despite providing 

revised language for those headings. 

This document provides the omitted 

amendatory instructions to ensure that 

these two section headings are revised 

as written in the final rule. 

DATES: This correction is effective on 

February 25, 2021, unless the 

Department receives a significant 

adverse comment to the underlying 

direct final rule or its companion 

proposed rule by February 10, 2021 that 

explains why the rule is inappropriate. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Thomas Shepherd, Clerk of the 

Appellate Boards, at 202–693–6319 or 

Shepherd.Thomas@dol.gov. 

SUPPLEMENTARY INFORMATION: DOL is 

making the following corrections to the 

final rule, as published in the Federal 

Register on Monday, January 11, 2021 

(86 FR 1772). 

DOL is adding amendatory 

instructions to change the section 

headings of two sections of the Code of 

Federal Regulations. 

At 86 FR 1781, third column, 29 CFR 

part 22, amendatory instruction 43 

revised § 22.39, paragraphs (a), (b)(3), 

(c), (f), and (h) through (l). The text of 

§ 22.39 as written in the final rule also 

included a revised section heading; 

however, amendatory instruction 43 did 

not specify that the section heading 

should be revised in addition to the text 

of the above-listed paragraphs. In this 

action, amendatory instruction 43 is 

corrected to clarify that the section 

heading of § 22.39 should be revised as 

well. Amendatory instruction 43 is 

corrected to read: ‘‘43. In § 22.39, revise 

the section heading and paragraphs (a), 

(b)(3), (c), (f), and (h) through (l) to read 

as follows:’’. The section heading is 

being revised to read ‘‘Appeal to ARB’’ 

instead of ‘‘Appeal to authority head.’’ 

This change is in keeping with the 

Department’s clearly expressed intent in 

the preamble of the final rule to revise 

references in the regulations to an 

‘‘authority head’’ to references to the 

‘‘ARB’’ in order to clarify the 

responsibilities of the Administrative 

Review Board. 

At 86 FR 1793, third column, 29 CFR 

part 1986, amendatory instruction 133 

revised § 1986.110, paragraph (c). The 

text of § 1986.110 as written in the final 

rule also included a revised section 

heading; however, amendatory 

instruction 133 did not specify that the 

section heading should be revised in 

addition to the text of paragraph (c). In 

this action, amendatory instruction 133 

is corrected to clarify that the section 

heading of § 1986.110 should be revised, 

as well. Amendatory instruction 133 is 

corrected to read: ‘‘133. In § 1986.110, 

revise the section heading and 

paragraph (c) to read as follows:’’. The 

section heading is being revised to read 

‘‘Decision and orders of the 

Administrative Review Board’’ instead 

of ‘‘Decisions and order of the 

Administrative Review Board.’’ The 

change to § 1986.110 is intended to 

make the section heading consistent 

with other similar section headings in 

the chapter of Title 29 that are titled 

‘‘Decision and orders of the 

Administrative Review Board.’’ 

Federal Register Correction 

In FR Rule Doc. No. 2020–28055, 

published in the issue of January 11, 

2021, beginning on page 1772, the 

following corrections are made: 

PART 22—PROGRAM FRAUD CIVIL 

REMEDIES ACT OF 1986 

§ 22.39 [Corrected] 

■ 1. On page 1781, in the third column, 

correct amendatory instruction 43 to 

read: ‘‘43. In § 22.39, revise the section 

heading and paragraphs (a), (b)(3), (c), 

(f), and (h) through (l) to read as 

follows:’’. 


jbell on DSKJLSW7X2PROD with RULES
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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