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Federal Register / Vol. 86, No. 104 / Wednesday, June 2, 2021 / Rules and Regulations Executive Order 13175, Consultation and Coordination With Indian Tribal Governments
PART 1308SCHEDULES OF
CONTROLLED SUBSTANCES
Accordingly, the IFR amending 21
CFR part 1308, which published on October 6, 2020 85 FR 63014, is adopted as final without change.

This rule does not have tribal implications warranting the application of E.O. 13175. It does not have substantial direct effects 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.
Regulatory Flexibility Act
Unfunded Mandates Reform Act of 1995
In accordance with the Unfunded Mandates Reform Act UMRA of 1995, 2 U.S.C. 1501 et seq., DEA has determined that this action would not result in any Federal mandate that may result in the expenditure by State, local, and tribal governments, in the aggregate, or by the private sector, of $100,000,000 or more adjusted annually for inflation in any 1 year.
Therefore, neither a Small Government Agency Plan nor any other action is required under UMRA of 1995.
Paperwork Reduction Act of 1995
This action does not impose a new collection of information requirement under the Paperwork Reduction Act of 1995. 44 U.S.C. 35013521. This action would not impose recordkeeping or reporting requirements on State or local governments, individuals, businesses, or organizations. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number.
Congressional Review Act CRA

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This rule is not a major rule as defined by the CRA, 5 U.S.C. 804.
However, pursuant to the CRA, DEA is submitting a copy of this final rule to both Houses of Congress and to the Comptroller General.
List of Subjects in 21 CFR Part 1308
Administrative practice and procedure, Drug traffic control, Reporting and recordkeeping requirements.

17:10 Jun 01, 2021

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DEPARTMENT OF THE INTERIOR

The Regulatory Flexibility Act RFA
5 U.S.C. 601612 applies to rules that are subject to notice and comment under section 553b of the APA. As noted in the above discussion regarding the applicability of the APA, DEA was not required to publish a general notice of proposed rulemaking. Consequently, the RFA does not apply.

VerDate Sep<11>2014

D. Christopher Evans, Acting Administrator.

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Office of Surface Mining Reclamation and Enforcement 30 CFR Parts 723, 724, 845, and 846
Docket ID: OSM 2021001; S1D1S
SS08011000 SX064A000 212S180110;
S2D2S SS08011000 SX064A00 21XS501520
RIN 1029AC79

Civil Monetary Penalty Inflation Adjustments Office of Surface Mining Reclamation and Enforcement, Interior.
ACTION: Final rule.
AGENCY:

Pursuant to the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 2015 Act, which further amended the Federal Civil Penalties Inflation Adjustment Act of 1990 1990 Act, and Office of Management and Budget OMB
guidance, this rule adjusts for inflation the level of civil monetary penalties assessed under the Surface Mining Control and Reclamation Act of 1977
SMCRA.

SUMMARY:

DATES:

Effective June 2, 2021.

FOR FURTHER INFORMATION CONTACT:

Kathleen G. Vello, Office of Surface Mining Reclamation and Enforcement, 1849 C Street NW, Mail Stop 4558, Washington, DC 20240; Telephone 202
2081908. Email: kvello@osmre.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents I. Background A. The Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015
B. Calculation of Adjustments C. Effect of the Rule in Federal Program States and on Indian Lands D. Effect of the Rule on Approved State Programs II. Procedural Matters A. Regulatory Planning and Review Executive Orders 12866 and 13563
B. Regulatory Flexibility Act C. Small Business Regulatory Enforcement Fairness Act
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D. Unfunded Mandates Reform Act E. Takings Executive Order 12630
F. Federalism Executive Order 13132
G. Civil Justice Reform Executive Order 12988
H. Consultation With Indian Tribes Executive Order 13175 and Departmental Policy I. Paperwork Reduction Act J. National Environmental Policy Act K. Effects on Energy Supply, Distribution, and Use Executive Order 13211
L. Clarity of This Regulation M. Data Quality Act N. Administrative Procedure Act
I. Background A. The Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015
Section 518 of SMCRA, 30 U.S.C.
1268, authorizes the Secretary of the Interior to assess civil monetary penalties CMPs for violations of SMCRA. The Office of Surface Mining Reclamation and Enforcements OSMRE regulations implementing the CMP provisions of section 518 are located in 30 CFR parts 723, 724, 845, and 846. We are adjusting CMPs in six sections30 CFR 723.14, 723.15, 724.14, 845.14, 845.15, and 846.14.
On November 2, 2015, the President signed the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 Sec. 701 of Pub. L. 11474
2015 Act into law. The 2015 Act, which further amended the Federal Civil Penalties Inflation Adjustment Act of 1990 codified as amended at 28
U.S.C. 2461 note, requires Federal agencies to promulgate rules to adjust the level of CMPs to account for inflation. The 2015 Act required an initial catch-up adjustment. OSMRE
published the initial adjustment in the Federal Register on July 8, 2016 81 FR
44535, and the adjustment took effect on August 1, 2016. The 2015 Act also requires agencies to publish annual inflation adjustments in the Federal Register no later than January 15 of each year. These adjustments are aimed at maintaining the deterrent effect of civil penalties and furthering the policy goals of the statutes that authorize the penalties. Further, the 2015 Act provides that agencies must adjust civil monetary penalties notwithstanding section 553 of the Administrative Procedure Act APA. Therefore, the public procedure the APA generally requiresnotice, an opportunity for comment, and a delay in effective dateis not required for agencies to issue regulations implementing the annual adjustment. December 23, 2020, Memorandum for the Heads of Executive Departments and Agencies M2110 from Russell T. Vought,
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