Rules of Practice and Procedure Concerning Filing and Service and Amended Rules Concerning Filing and Service; Correction, 7807-7808 [2021-02169]

Download as PDF Federal Register / Vol. 86, No. 20 / Tuesday, February 2, 2021 / Rules and Regulations PART 127—VIOLATIONS AND PENALTIES 5. The authority citation for part 127 continues to read as follows: ■ Authority: Sections 2, 38, and 42, Pub. L. 90–629, 90 Stat. 744 (22 U.S.C. 2752, 2778, 2791); 22 U.S.C. 401; 22 U.S.C. 2651a; 22 U.S.C. 2779a; 22 U.S.C. 2780; E.O. 13637, 78 FR 16129; Pub. L. 114–74, 129 Stat. 584. § 127.10 [Amended] 6. In § 127.10: a. In paragraph (a)(1)(i), remove ‘‘$1,183,736’’ and add in its place ‘‘$1,197,728’’; ■ b. In paragraph (a)(1)(ii), remove ‘‘$860,683’’ and add in its place ‘‘$870,856’’; and ■ c. In paragraph (a)(1)(iii), remove ‘‘$1,024,457’’ and add in its place ‘‘$1,036,566’’. ■ ■ PART 138—RESTRICTIONS ON LOBBYING 7. The authority citation for part 138 continues to read as follows: ■ Authority: 22 U.S.C. 2651a; 31 U.S.C. 1352; Pub. L. 114–74, 129 Stat. 584. § 138.400 [Amended] 8. In § 138.400: a. Remove ‘‘$20,489’’ and ‘‘$204,892’’ and add in their place ‘‘$20,731’’ and ‘‘$207,314’’, respectively, wherever they occur. ■ b. In paragraph (e), remove ‘‘$20,158’’ and add in its place ‘‘$20,396’’. ■ ■ Zachary A. Parker, Director, Office of Directives Management. Editorial note: This document was received for publication by the Office of the Federal Register on January 11, 2021. [FR Doc. 2021–00668 Filed 2–1–21; 8:45 am] BILLING CODE 4710–10–P DEPARTMENT OF LABOR Office of the Secretary of Labor 29 CFR Part 22 Occupational Safety and Health Administration 29 CFR Part 1986 jbell on DSKJLSW7X2PROD with RULES RIN 1290–AA28 Rules of Practice and Procedure Concerning Filing and Service and Amended Rules Concerning Filing and Service; Correction Employment and Training Administration, Office of Workers’ Compensation Programs, Office of the AGENCY: VerDate Sep<11>2014 15:58 Feb 01, 2021 Jkt 253001 Secretary, Office of Labor-Management Standards, Wage and Hour Division, Occupational Safety and Health Administration, Office of Federal Contract Compliance Programs. ACTION: Direct final rule; correction. SUMMARY: The Department of Labor (Department or DOL) is correcting a direct final rule that appeared in the Federal Register on January 11, 2021, ‘‘Rules of Practice and Procedure Concerning Filing and Service and Amended Rules Concerning Filing and Service.’’ The companion proposed rule to the final rule was published in the same issue of the Federal Register. The final rule required electronic filing (efiling) and made acceptance of electronic service (e-service) automatic for attorneys and non-attorney representatives representing parties in proceedings before the Administrative Review Board, unless the Board authorized non-electronic filing and service for good cause. Among other changes, the final rule was intended to revise several sections of the Code of Federal Regulations. However, the final rule as published inadvertently omitted amendatory instructions to revise two section headings, despite providing revised language for those headings. This document provides the omitted amendatory instructions to ensure that these two section headings are revised as written in the final rule. DATES: This correction is effective on February 25, 2021, unless the Department receives a significant adverse comment to the underlying direct final rule or its companion proposed rule by February 10, 2021 that explains why the rule is inappropriate. FOR FURTHER INFORMATION CONTACT: Mr. Thomas Shepherd, Clerk of the Appellate Boards, at 202–693–6319 or Shepherd.Thomas@dol.gov. SUPPLEMENTARY INFORMATION: DOL is making the following corrections to the final rule, as published in the Federal Register on Monday, January 11, 2021 (86 FR 1772). DOL is adding amendatory instructions to change the section headings of two sections of the Code of Federal Regulations. At 86 FR 1781, third column, 29 CFR part 22, amendatory instruction 43 revised § 22.39, paragraphs (a), (b)(3), (c), (f), and (h) through (l). The text of § 22.39 as written in the final rule also included a revised section heading; however, amendatory instruction 43 did not specify that the section heading should be revised in addition to the text of the above-listed paragraphs. In this action, amendatory instruction 43 is PO 00000 Frm 00011 Fmt 4700 Sfmt 4700 7807 corrected to clarify that the section heading of § 22.39 should be revised as well. Amendatory instruction 43 is corrected to read: ‘‘43. In § 22.39, revise the section heading and paragraphs (a), (b)(3), (c), (f), and (h) through (l) to read as follows:’’. The section heading is being revised to read ‘‘Appeal to ARB’’ instead of ‘‘Appeal to authority head.’’ This change is in keeping with the Department’s clearly expressed intent in the preamble of the final rule to revise references in the regulations to an ‘‘authority head’’ to references to the ‘‘ARB’’ in order to clarify the responsibilities of the Administrative Review Board. At 86 FR 1793, third column, 29 CFR part 1986, amendatory instruction 133 revised § 1986.110, paragraph (c). The text of § 1986.110 as written in the final rule also included a revised section heading; however, amendatory instruction 133 did not specify that the section heading should be revised in addition to the text of paragraph (c). In this action, amendatory instruction 133 is corrected to clarify that the section heading of § 1986.110 should be revised, as well. Amendatory instruction 133 is corrected to read: ‘‘133. In § 1986.110, revise the section heading and paragraph (c) to read as follows:’’. The section heading is being revised to read ‘‘Decision and orders of the Administrative Review Board’’ instead of ‘‘Decisions and order of the Administrative Review Board.’’ The change to § 1986.110 is intended to make the section heading consistent with other similar section headings in the chapter of Title 29 that are titled ‘‘Decision and orders of the Administrative Review Board.’’ Federal Register Correction In FR Rule Doc. No. 2020–28055, published in the issue of January 11, 2021, beginning on page 1772, the following corrections are made: PART 22—PROGRAM FRAUD CIVIL REMEDIES ACT OF 1986 § 22.39 [Corrected] 1. On page 1781, in the third column, correct amendatory instruction 43 to read: ‘‘43. In § 22.39, revise the section heading and paragraphs (a), (b)(3), (c), (f), and (h) through (l) to read as follows:’’. ■ E:\FR\FM\02FER1.SGM 02FER1 7808 Federal Register / Vol. 86, No. 20 / Tuesday, February 2, 2021 / Rules and Regulations [FR Doc. 2021–02169 Filed 2–1–21; 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) 231–3418 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) 231–3125 or email to Michael.Marchetti@onrr.gov. You may obtain a paper copy of this rule by contacting Mr. Aguilar by phone or email. BILLING CODE 4510–HW–P SUPPLEMENTARY INFORMATION: PART 1986—PROCEDURES FOR THE HANDLING OF RETALIATION COMPLAINTS UNDER THE EMPLOYEE PROTECTION PROVISION OF THE SEAMAN’S 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. ONRR–2020–0002; DS63644000 DRT000000.CH7000 212D1113RT] RIN 1012–AA29 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 1241.52(a)(2) ............................................................................................................................... 1241.52(b) .................................................................................................................................... 1241.60(b)(1) ............................................................................................................................... 1241.60(b)(2) ............................................................................................................................... jbell on DSKJLSW7X2PROD with RULES 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 VerDate Sep<11>2014 15:58 Feb 01, 2021 Jkt 253001 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 Frm 00012 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. 1719(a) 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 (CPI–U) between October 2019 and October 2020. The CPI–U for October 2019 was 257.346, and for October 2020 was 260.388, for an increase of 1.01182%. In accordance with section 5(a) 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. Fmt 4700 Sfmt 4700 $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, E:\FR\FM\02FER1.SGM 02FER1

Agencies

[Federal Register Volume 86, Number 20 (Tuesday, February 2, 2021)]
[Rules and Regulations]
[Pages 7807-7808]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-02169]


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DEPARTMENT OF LABOR

Office of the Secretary of Labor

29 CFR Part 22

Occupational Safety and Health Administration

29 CFR Part 1986

RIN 1290-AA28


Rules of Practice and Procedure Concerning Filing and Service and 
Amended Rules Concerning Filing and Service; Correction

AGENCY: Employment and Training Administration, Office of Workers' 
Compensation Programs, Office of the Secretary, Office of Labor-
Management Standards, Wage and Hour Division, Occupational Safety and 
Health Administration, Office of Federal Contract Compliance Programs.

ACTION: Direct final rule; correction.

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SUMMARY: The Department of Labor (Department or DOL) is correcting a 
direct final rule that appeared in the Federal Register on January 11, 
2021, ``Rules of Practice and Procedure Concerning Filing and Service 
and Amended Rules Concerning Filing and Service.'' The companion 
proposed rule to the final rule was published in the same issue of the 
Federal Register. The final rule required electronic filing (e-filing) 
and made acceptance of electronic service (e-service) automatic for 
attorneys and non-attorney representatives representing parties in 
proceedings before the Administrative Review Board, unless the Board 
authorized non-electronic filing and service for good cause. Among 
other changes, the final rule was intended to revise several sections 
of the Code of Federal Regulations. However, the final rule as 
published inadvertently omitted amendatory instructions to revise two 
section headings, despite providing revised language for those 
headings. This document provides the omitted amendatory instructions to 
ensure that these two section headings are revised as written in the 
final rule.

DATES: This correction is effective on February 25, 2021, unless the 
Department receives a significant adverse comment to the underlying 
direct final rule or its companion proposed rule by February 10, 2021 
that explains why the rule is inappropriate.

FOR FURTHER INFORMATION CONTACT: Mr. Thomas Shepherd, Clerk of the 
Appellate Boards, at 202-693-6319 or [email protected].

SUPPLEMENTARY INFORMATION: DOL is making the following corrections to 
the final rule, as published in the Federal Register on Monday, January 
11, 2021 (86 FR 1772).
    DOL is adding amendatory instructions to change the section 
headings of two sections of the Code of Federal Regulations.
    At 86 FR 1781, third column, 29 CFR part 22, amendatory instruction 
43 revised Sec.  22.39, paragraphs (a), (b)(3), (c), (f), and (h) 
through (l). The text of Sec.  22.39 as written in the final rule also 
included a revised section heading; however, amendatory instruction 43 
did not specify that the section heading should be revised in addition 
to the text of the above-listed paragraphs. In this action, amendatory 
instruction 43 is corrected to clarify that the section heading of 
Sec.  22.39 should be revised as well. Amendatory instruction 43 is 
corrected to read: ``43. In Sec.  22.39, revise the section heading and 
paragraphs (a), (b)(3), (c), (f), and (h) through (l) to read as 
follows:''. The section heading is being revised to read ``Appeal to 
ARB'' instead of ``Appeal to authority head.'' This change is in 
keeping with the Department's clearly expressed intent in the preamble 
of the final rule to revise references in the regulations to an 
``authority head'' to references to the ``ARB'' in order to clarify the 
responsibilities of the Administrative Review Board.
    At 86 FR 1793, third column, 29 CFR part 1986, amendatory 
instruction 133 revised Sec.  1986.110, paragraph (c). The text of 
Sec.  1986.110 as written in the final rule also included a revised 
section heading; however, amendatory instruction 133 did not specify 
that the section heading should be revised in addition to the text of 
paragraph (c). In this action, amendatory instruction 133 is corrected 
to clarify that the section heading of Sec.  1986.110 should be 
revised, as well. Amendatory instruction 133 is corrected to read: 
``133. In Sec.  1986.110, revise the section heading and paragraph (c) 
to read as follows:''. The section heading is being revised to read 
``Decision and orders of the Administrative Review Board'' instead of 
``Decisions and order of the Administrative Review Board.'' The change 
to Sec.  1986.110 is intended to make the section heading consistent 
with other similar section headings in the chapter of Title 29 that are 
titled ``Decision and orders of the Administrative Review Board.''

Federal Register Correction

    In FR Rule Doc. No. 2020-28055, published in the issue of January 
11, 2021, beginning on page 1772, the following corrections are made:

PART 22--PROGRAM FRAUD CIVIL REMEDIES ACT OF 1986


Sec.  22.39  [Corrected]

0
1. On page 1781, in the third column, correct amendatory instruction 43 
to read: ``43. In Sec.  22.39, revise the section heading and 
paragraphs (a), (b)(3), (c), (f), and (h) through (l) to read as 
follows:''.

[[Page 7808]]

PART 1986--PROCEDURES FOR THE HANDLING OF RETALIATION COMPLAINTS 
UNDER THE EMPLOYEE PROTECTION PROVISION OF THE SEAMAN'S PROTECTION 
ACT (SPA), AS AMENDED


Sec.  1986.110  [Corrected]

0
2. On page 1793, in the third column, correct amendatory instruction 
133 to read: ``133. In Sec.  1986.110, revise the section heading and 
paragraph (c) to read as follows:''.

Stephanie Swirsky,
Deputy Assistant Secretary of Labor for Policy.
[FR Doc. 2021-02169 Filed 2-1-21; 8:45 am]
BILLING CODE 4510-HW-P