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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Federal Register / Vol. 86, No. 20 / Tuesday, February 2, 2021 / Rules and Regulations 7811 

A. Regulatory Planning and Review 

Executive Orders 12866 and 13563 

direct agencies to assess the costs and 

benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits. 

Executive Order 13771 directs agencies 

to control regulatory costs through a 

budgeting process. This rule has not 

been designated a ‘‘significant 

regulatory action,’’ under Executive 

Order 12866. Accordingly, this rule has 

not been reviewed by the Office of 

Management and Budget (OMB), and 

pursuant to OMB guidance it is exempt 

from the requirements of Executive 

Order 13771. 

This regulatory action determination 

is based on the rule not adding any new 

navigational restrictions, rather the rule 

will remove existing navigational 

restrictions to Sparkman Channel. 

B. Impact on Small Entities 

The Regulatory Flexibility Act of 

1980, 5 U.S.C. 601–612, as amended, 

requires Federal agencies to consider 

the potential impact of regulations on 

small entities during rulemaking. The 

term ‘‘small entities’’ comprises small 

businesses, not-for-profit organizations 

that are independently owned and 

operated and are not dominant in their 

fields, and governmental jurisdictions 

with populations of less than 50,000. 

The Coast Guard received no comments 

from the Small Business Administration 

on this rulemaking. The Coast Guard 

certifies under 5 U.S.C. 605(b) that this 

rule will not have a significant 

economic impact on a substantial 

number of small entities. 

While some owners or operators of 

vessels intending to transit Sparkman 

Channel may be small entities, for the 

reasons stated in section V.A above, this 

rule will not have a significant 

economic impact on any vessel owner 

or operator. 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (Pub. L. 104–121), 

we want to assist small entities in 

understanding this rule. If the rule 

would affect your small business, 

organization, or governmental 

jurisdiction and you have questions 

concerning its provisions or options for 

compliance, please call or email the 

person listed in the FOR FURTHER

INFORMATION CONTACT section. 

Small businesses may send comments 

on the actions of Federal employees 

who enforce, or otherwise determine 

compliance with, Federal regulations to 

the Small Business and Agriculture 

Regulatory Enforcement Ombudsman 

and the Regional Small Business 

Regulatory Fairness Boards. The 

Ombudsman evaluates these actions 

annually and rates each agency’s 

responsiveness to small business. If you 

wish to comment on actions by 

employees of the Coast Guard, call 

1–888–REG–FAIR (1–888–734–3247). 

The Coast Guard will not retaliate 

against small entities that question or 

complain about this rule or any policy 

or action of the Coast Guard. 

C. Collection of Information 

This rule will not call for a new 

collection of information under the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501–3520). 

D. Federalism and Indian Tribal 

Governments 

A rule has implications for federalism 

under Executive Order 13132, 

Federalism, if it has a substantial direct 

effect on the States, on the relationship 

between the National Government and 

the States, or on the distribution of 

power and responsibilities among the 

various levels of government. We have 

analyzed this rule under that Order and 

have determined that it is consistent 

with the fundamental federalism 

principles and preemption requirements 

described in Executive Order 13132. 

Also, this rule does not have tribal 

implications under Executive Order 

13175, Consultation and Coordination 

with Indian Tribal Governments, 

because it does not have a substantial 

direct effect on one or more Indian 

tribes, on the relationship between the 

Federal Government and Indian tribes, 

or on the distribution of power and 

responsibilities between the Federal 

Government and Indian tribes. 

E. Unfunded Mandates Reform Act 

The Unfunded Mandates Reform Act 

of 1995 (2 U.S.C. 1531–1538) requires 

Federal agencies to assess the effects of 

their discretionary regulatory actions. In 

particular, the Act addresses actions 

that may result in the expenditure by a 

State, local, or tribal government, in the 

aggregate, or by the private sector of 

$100,000,000 (adjusted for inflation) or 

more in any one year. Though this rule 

will not result in such an expenditure, 

we do discuss the effects of this rule 

elsewhere in this preamble. 

F. Environment 

We have analyzed this rule under 

Department of Homeland Security 

Directive 023–01, Rev. 1, associated 

implementing instructions, and 

Environmental Planning COMDTINST 

5090.1 (series), which guide the Coast 

Guard in complying with the National 

Environmental Policy Act of 1969 (42 

U.S.C. 4321–4370f), and have 

determined that this action is one of a 

category of actions that do not 

individually or cumulatively have a 

significant effect on the human 

environment. This rule involves 

removing existing regulations 

established in 33 CFR 165.752. It is 

categorically excluded from further 

review under paragraph L60(b) of 

Appendix A, Table 1 of DHS Instruction 

Manual 023–01–001–01, Rev. 1. A 

Memorandum for Record supporting 

this determination is available in the 

docket. For instructions on locating the 

docket, see the ADDRESSES section of 

this preamble. 

G. Protest Activities 

The Coast Guard respects the First 

Amendment rights of protesters. 

Protesters are asked to call or email the 

person listed in the FOR FURTHER

INFORMATION CONTACT section to 

coordinate protest activities so that your 

message can be received without 

jeopardizing the safety or security of 

people, places or vessels. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine Safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, 

Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 1. The authority citation for part 165 

continues to read as follows: 

Authority: 46 U.S.C. 70034; 33 CFR 1.01– 

1, 6.04–1, and 160.5; Department of 

Homeland Security Delegation No. 01070.1 

§ 165.752 [Removed] 

■ 2. Remove § 165.752 

Dated: January 21, 2021. 

Eric C. Jones, 

Rear Admiral, U.S. Coast Guard, Commander, 

Seventh Coast Guard District. 

[FR Doc. 2021–02103 Filed 2–1–21; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF VETERANS 

AFFAIRS 

38 CFR Parts 36 and 42 

RIN 2900–AR08 

Federal Civil Penalties Inflation 

Adjustment Act Amendments 

AGENCY: Department of Veterans Affairs. 


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