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Federal Register / Vol. 86, No. 17 / Thursday, January 28, 2021 / Rules and Regulations Current penalty including catchup adjustment
CFR citation
Description of penalty
25 CFR 227.24

Penalty for failure of lessee of certain lands in Wind River Indian Reservation, Wyoming, for oil and gas mining to comply with lease provisions, operating regulations, regulations at part 227, or orders.
Penalty for non-Native transferees of live Alaskan reindeer who violates part 243, takes reindeer without a permit, or fails to abide by permit terms.
Penalty for fishing in violation of regulations at part 249 Off-Reservation Treaty Fishing.

25 CFR 243.8
25 CFR 249.6b

Annual adjustment multiplier
Adjusted penalty for 2021

1,352

1.01182

1,368

6,376

1.01182

6,451

1,352

1.01182

1,368

Consistent with the Act, the adjusted penalty levels for 2021 will take effect immediately upon the effective date of the adjustment. The adjusted penalty levels for 2021 will apply to penalties assessed after that date including, if consistent with agency policy, assessments associated with violations that occurred on or after November 2, 2015 the date of the Act. The Act does not, however, change previously assessed penalties that the Bureau is collecting or has collected. Nor does the Act change an agencys existing statutory authorities to adjust penalties.

B. Reducing Regulation and Controlling Regulatory Costs Executive Order 13771

Order 12630. A takings implication assessment is not required.

This rule is not an E.O. 13771
regulatory action because this rule is not significant under Executive Order 12866.

Under the criteria in section 1 of Executive Order 13132, this rule does not have sufficient federalism implications to warrant the preparation of a federalism summary impact statement. A federalism summary impact statement is not required.

III. Procedural Requirements
D. Small Business Regulatory Enforcement Fairness Act
A. Regulatory Planning and Review E.O. 12866 and 13563
Executive Order 12866 provides that the Office of Information and Regulatory Affairs in the Office of Management and Budget will review all significant rules.
The Office of Information and Regulatory Affairs has determined that this rule is not significant.
Executive Order 13563 reaffirms the principles of E.O. 12866 while calling for improvements in the nations regulatory system to promote predictability, to reduce uncertainty, and to use the best, most innovative, and least burdensome tools for achieving regulatory ends. The executive order 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 further 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. We have developed this rule in a manner consistent with these requirements.

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C. Regulatory Flexibility Act This rule will not have a significant economic effect on a substantial number of small entities under the Regulatory Flexibility Act 5 U.S.C. 601 et seq.
because the rule makes adjustments for inflation.

This rule is not a major rule under 5
U.S.C. 8042, the Small Business Regulatory Enforcement Fairness Act.
This rule:
a Does not have an annual effect on the economy of $100 million or more.
b Will not cause a major increase in costs or prices for consumers, individual industries, Federal, State, or local government agencies, or geographic regions.
c Does not have significant adverse effects on competition, employment, investment, productivity, innovation, or the ability of U.S.-based enterprises to compete with foreign-based enterprises.
E. Unfunded Mandates Reform Act This rule does not impose an unfunded mandate on State, local, or tribal governments, or the private sector of more than $100 million per year. The rule does not have a significant or unique effect on State, local, or tribal governments or the private sector. A
statement containing the information required by the Unfunded Mandates Reform Act 2 U.S.C. 1531 et seq. is not required.
F. Takings E.O. 12630
This rule does not affect a taking of private property or otherwise have taking implications under Executive
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G. Federalism E.O. 13132

H. Civil Justice Reform E.O. 12988
This rule complies with the requirements of Executive Order 12988.
Specifically, this rule: a Meets the criteria of section 3a requiring that all regulations be reviewed to eliminate errors and ambiguity and be written to minimize litigation; and b meets the criteria of section 3b2 requiring that all regulations be written in clear language and contain clear legal standards.
I. Consultation With Indian Tribes E.O.
13175 and Departmental policy The Department of the Interior strives to strengthen its government-togovernment relationship with Indian tribes through a commitment to consultation with Indian Tribes and recognition of their right to selfgovernance and Tribal sovereignty. We have evaluated this rule under the Departments consultation policy and under the criteria in Executive Order 13175 and have determined that it has no substantial direct effects on federally recognized Indian Tribes and that consultation under the Departments Tribal consultation policy is not required.
J. Paperwork Reduction Act This rule does not contain information collection requirements, and a submission to the Office of Management and Budget under the Paperwork Reduction Act 44 U.S.C.
3501 et seq. is not required. We may not conduct or sponsor, and you are not required to respond to, a collection of
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