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Rules and Regulations
Federal Register Vol. 86, No. 9
Thursday, January 14, 2021

This section of the FEDERAL REGISTER
contains regulatory documents having general applicability and legal effect, most of which are keyed to and codified in the Code of Federal Regulations, which is published under 50 titles pursuant to 44 U.S.C. 1510.

Energy, Office of the General Counsel, GC33, 1000 Independence Avenue SW, Washington, DC 20585, 202 5868078, preeti.chaudhari@hq.doe.gov.
SUPPLEMENTARY INFORMATION:

I. Background II. Method of Calculation III. Summary of the Final Rule IV. Final Rulemaking V. Regulatory Review
The Code of Federal Regulations is sold by the Superintendent of Documents.

DEPARTMENT OF ENERGY
10 CFR Parts 207, 218, 429, 431, 490, 501, 601, 820, 824, 851, 1013, 1017, and 1050
Inflation Adjustment of Civil Monetary Penalties Office of the General Counsel, U.S. Department of Energy.
ACTION: Final rule.
AGENCY:

The Department of Energy DOE publishes this final rule to adjust DOEs civil monetary penalties CMPs for inflation as mandated by the Federal Civil Penalties Inflation Adjustment Act of 1990, as further amended by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 collectively referred to herein as the Act. This rule adjusts CMPs within the jurisdiction of DOE to the maximum amount required by the Act.
DATES: This rule is effective on January 14, 2021.
FOR FURTHER INFORMATION CONTACT:
Preeti Chaudhari, U.S. Department of SUMMARY:

I. Background In order to improve the effectiveness of CMPs and to maintain their deterrent effect, the Federal Civil Penalties Inflation Adjustment Act of 1990, 28
U.S.C. 2461 note the Inflation Adjustment Act, as further amended by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 Pub. L. 11474 the 2015 Act, requires Federal agencies to adjust each CMP provided by law within the jurisdiction of the agency. The 2015 Act required 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, notwithstanding 5 U.S.C. 553. DOEs initial catch-up adjustment interim final rule was published June 28, 2016 81 FR
41790 and adopted as final without amendment on December 30, 2016 81
FR 96349. The 2015 Act also provides that any increase in a CMP shall apply only to CMPs, including those whose associated violation predated such
DOE authority containing civil monetary penalty 10
10
10
10
10
10

CFR
CFR
CFR
CFR
CFR
CFR

207.7
218.42
429.120
431.382
490.604
501.181

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CFR 820.81
CFR 824.1 and appendix A
CFR 824.4 and appendix A
CFR 851.5 and appendix B
CFR 1013.3
CFR 1017.29
CFR 1050.303
U.S.C. 2282a 2
U.S.C. 2731 3

1 OMBs annual guidance memorandum was issued on December 23, 2020, providing the 2021

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II. Method of Calculation The method of calculating CMP
adjustments applied in this final rule is required by the 2015 Act. Under the 2015 Act, annual inflation adjustments subsequent to the initial catch-up adjustment are to be based on the percent change between the October Consumer Price Index for all Urban Consumers CPIU preceding the date of the adjustment, and the prior years October CPIU. Pursuant to the aforementioned OMB guidance memorandum, the adjustment multiplier for 2021 is 1.01182. In order to complete the 2021 annual adjustment, each CMP is multiplied by the 2021 adjustment multiplier. Under the 2015 Act, any increase in CMP must be rounded to the nearest multiple of $1.
III. Summary of the Final Rule The following list summarizes DOE
authorities containing CMPs, and the penalties before and after adjustment.
Before adjustment
10 CFR 601.400 and appendix A
10
10
10
10
10
10
10
42
50

increase, which are assessed after the date the increase takes effect.
In accordance with the 2015 Act, the Office of Management and Budget OMB must issue annually guidance on adjustments to civil monetary penalties.
This final rule to adjust civil monetary penalties for 2021 is issued in accordance with applicable law and OMBs guidance memorandum on implementation of the 2021 annual adjustment.1

$10,821
$23,437
$468
$468
$9,073
$95,881
$8/mcf
$39/bbl
minimum $20,489
maximum $204,892
$214,097
$152,998
$152,998
$99,361
$11,665
$275,529
$20,888
$104,330
$9,365

adjustment multiplier and addressing how to apply it.

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After adjustment $10,949.
$23,714.
$474.
$474.
$9,180.
$97,014.
$8/mcf.
$39/bbl.
minimum $20,731.
maximum $207,314.
$216,628.
$154,806.
$154,806.
$100,535.
$11,803.
$278,786.
$21,135.
$105,563.
$9,476.