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Federal Register / Vol. 86, No. 20 / Tuesday, February 2, 2021 / Rules and Regulations
FR Doc. 202102169 Filed 2121; 8:45 am
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 2313418 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 2313125 or email to Michael.Marchetti@onrr.gov. You may obtain a paper copy of this rule by contacting Mr. Aguilar by phone or email.

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SUPPLEMENTARY INFORMATION:

PART 1986PROCEDURES FOR THE
HANDLING OF RETALIATION
COMPLAINTS UNDER THE EMPLOYEE
PROTECTION PROVISION OF THE
SEAMANS 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.

DEPARTMENT OF THE INTERIOR
Office of Natural Resources Revenue 30 CFR Part 1241
Docket No. ONRR20200002; DS63644000
DRT000000.CH7000 212D1113RT
RIN 1012AA29

Inflation Adjustments to Civil Monetary Penalty Rates for Calendar Year 2021
Office of the Secretary, Office of Natural Resources Revenue, Interior.
ACTION: Final rule.
AGENCY:

SUMMARY: The Office of Natural Resources Revenue ONRR publishes this final rule to increase its maximum civil monetary penalty CMP rates to
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
1241.52a2
1241.52b
1241.60b1
1241.60b2

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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
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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

PO 00000

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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. 1719a 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.
Current penalty rate
30 CFR citation
IV. Procedural Requirements
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 CPIU
between October 2019 and October 2020. The CPIU for October 2019 was 257.346, and for October 2020 was 260.388, for an increase of 1.01182%. In accordance with section 5a 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.

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$1,273
12,740
25,479
63,699

2021
inflation adjustment multiplier 1.01182
1.01182
1.01182
1.01182

2021
adjusted penalty rate $1,288
12,891
25,780
64,452

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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