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Federal Register / Vol. 86, No. 17 / Thursday, January 28, 2021 / Rules and Regulations
PART 213LEASING OF RESTRICTED
LANDS FOR MEMBERS OF FIVE
CIVILIZED TRIBES, OKLAHOMA, FOR
MINING

227.24

Amended
15. In 227.24, remove $1,352 and add in its place $1,368.

PART 243REINDEER IN ALASKA
7. The authority citation for part 213
continues to read as follows:

213.37

Authority: Sec. 12, 50 Stat. 902; 25 U.S.C.
500K; and Sec. 701, Pub. L. 11474, 129 Stat.
599.
243.8

Amended
17. In 243.8, in paragraph a introductory text, remove $6,376 and add in its place $6,451.

Amended
8. In 213.37, remove $1,352 and add in its place $1,368.

PART 225OIL AND GAS, GEOTHERMAL AND SOLID MINERALS
AGREEMENTS
9. The authority citation for part 225
continues to read as follows:

Authority: 25 U.S.C. 2, 9, and 21012108;
and Sec. 701, Pub. L. 11474, 129 Stat. 599.
225.37

16. The authority citation for part 243
continues to read as follows:

Authority: Sec. 2, 35 Stat. 312; sec. 18, 41
Stat. 426; sec. 1, 45 Stat. 495; sec. 1, 47 Stat.
777; 25 U.S.C. 356; and Sec. 701, Pub. L.
11474, 129 Stat. 599. Interpret or apply secs.
3, 11, 35 Stat. 313, 316; sec. 8, 47 Stat. 779, unless otherwise noted.

PART 249OFF-RESERVATION
TREATY FISHING
18. The authority citation for part 249
continues to read as follows:

Authority: 25 U.S.C. 2, and 9; 5 U.S.C.
301; and Sec. 701, Pub. L. 11474, 129 Stat.
599, unless otherwise noted.
249.6

Amended
19. In 249.6, in paragraph b, remove $1,352 and add in its place $1,368.

Amended

10. In 225.37, in paragraph a, remove $1,721 and add in its place $1,741.

PART 226LEASING OF OSAGE
RESERVATION LANDS FOR OIL AND
GAS MINING
11. The authority citation for part 226
continues to read as follows:

Tara Sweeney, Assistant SecretaryIndian Affairs.
FR Doc. 202101517 Filed 12721; 8:45 am BILLING CODE 433715P

DEPARTMENT OF THE TREASURY

Authority: Sec. 3, 34 Stat. 543; secs. 1, 2, 45 Stat. 1478; sec. 3, 52 Stat. 1034, 1035; sec.
2a, 92 Stat. 1660; and Sec. 701, Pub. L. 114
74, 129 Stat. 599.

Financial Crimes Enforcement Network
226.42

Financial Crimes Enforcement Network; Inflation Adjustment of Civil Monetary Penalties
Amended
12. In 226.42, remove $965 and add in its place $976.

226.43

13. In 226.43:
a. Remove $96 each time it appears and add in each place $97 wherever it appears in this section.
b. In paragraph e, remove $193
and add in its place $195.
c. In paragraph f, remove $385 and add in its place $390.
d. In paragraph g, remove $965
and add in its place $976.

PART 227LEASING OF CERTAIN
LANDS IN WIND RIVER INDIAN
RESERVATION, WYOMING, FOR OIL
AND GAS MINING
14. The authority citation for part 227
continues to read as follows:

Authority: Sec. 1, 39 Stat. 519; and Sec.
701, Pub. L. 11474, 129 Stat. 599, unless otherwise noted.

16:04 Jan 27, 2021

Financial Crimes Enforcement Network FinCEN, Treasury.
ACTION: Final rule.
AGENCY:

Amended
VerDate Sep<11>2014

31 CFR Part 1010

Jkt 253001

FinCEN publishes this final rule to reflect inflation adjustments to its civil monetary penalties CMPs as mandated by the Federal Civil Penalties Inflation Adjustment Act of 1990, as amended. This rule adjusts certain CMPs within the jurisdiction of FinCEN
to the maximum amount required by that act.
DATES: Effective January 28, 2021.
FOR FURTHER INFORMATION CONTACT: The FinCEN Regulatory Support Section at 18007672825, or electronically at frc@fincen.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:

I. Background In order to improve the effectiveness of civil monetary penalties CMPs
PO 00000

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and to maintain their deterrent effect, the Federal Civil Penalties Inflation Adjustment Act of 1990, as amended, 28
U.S.C. 2461 note the Act, requires Federal agencies to adjust each CMP
provided by law within the jurisdiction of the agency. The Act requires 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, without needing to provide notice and the opportunity for public comment otherwise required by 5 U.S.C.
553. The Act provides that any increase in a CMP shall apply to CMPs that are assessed after the date the increase takes effect, regardless of whether the underlying violation predated such increase.1
II. Method of Calculation The method of calculating CMP
adjustments applied in this final rule is required by the Act. Under the Act and the Office of Management and Budget OMB guidance required by the Act, annual inflation adjustments subsequent to the initial catch-up adjustment are to be based on the percent change between the Consumer Price Index for all Urban Consumers CPIU for the October preceding the date of the adjustment and the prior years October CPIU. As set forth in OMB Memorandum M21
10 of December 23, 2020, the adjustment multiplier for 2021 is 1.01182. In order to complete the 2021 annual adjustment, each current CMP is multiplied by the 2021 adjustment multiplier. Under the Act, any increase in CMP must be rounded to the nearest multiple of $1.2
Procedural Matters 1. Administrative Procedure Act Section 4b of the Act requires agencies, beginning in 2017, to make annual adjustments for inflation to CMPs without needing to provide notice and the opportunity for public comment required by 5 U.S.C. 553. Additionally, the methodology used for adjusting CMPs for inflation, effective 2017, is 1 The increased CMPs, however, apply only with respect to underlying violations occurring after November 2, 2015 the date of enactment of the most recent amendment to the Act.
2 FinCEN has previously described that it applied a catch-up adjustment for each penalty subject to the Act, based on the year and corresponding amounts for which the maximum penalty or range of minimum and maximum penalties was established or last adjusted, whichever is later. See Civil Monetary Penalty Adjustment and Table, 81
FR 42503, 42504 June 30, 2016. Because the year varies for different penalties, penalties that were originally of the same size when promulgated can have different values today pursuant to the application of the Act.

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