81 FR 43941 - Civil Penalty Inflation Adjustment
DEPARTMENT OF THE INTERIOR
National Indian Gaming Commission Federal Register Volume 81, Issue 129 (July 6, 2016)
National Indian Gaming Commission
Federal Register Volume 81, Issue 129 (July 6, 2016)
| Page Range | 43941-43942 | |
| FR Document | 2016-16009 |
[Federal Register Volume 81, Number 129 (Wednesday, July 6, 2016)] [Rules and Regulations] [Pages 43941-43942] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-16009] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF THE INTERIOR National Indian Gaming Commission 25 CFR Part 575 Civil Penalty Inflation Adjustment AGENCY: National Indian Gaming Commission. ACTION: Interim final rule. ----------------------------------------------------------------------- SUMMARY: In compliance with the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 and Office of Management and Budget (OMB) guidance, this rule adjusts the level of the civil monetary penalty, contained in the National Indian Gaming Commission's (NIGC or Commission) regulation, with an initial ``catch-up'' adjustment. DATES: This interim final rule will have an effective date of August 1, 2016. FOR FURTHER INFORMATION CONTACT: Contact Armando J. Acosta, Senior Attorney, Office of General Counsel, National Indian Gaming Commission, at (202) 632-7003; fax (202) 632-7066 (not toll-free numbers). SUPPLEMENTARY INFORMATION: I. Background On November 2, 2015, the President signed into law the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (Sec. 701 of Pub. L. 114-74) (the Act). The Act requires federal agencies to adjust the level of civil monetary penalties with an initial ``catch- up'' adjustment through an interim final rulemaking and then make subsequent annual adjustments for inflation. A civil monetary penalty is any assessment with a dollar amount that is levied for a violation of a federal civil statute or regulation, and is assessed or enforceable through a civil action in federal court or an administrative proceeding. II. Calculation of Adjustment The OMB issued guidance on calculating the catch-up adjustment. See February 24, 2016, Memorandum for the Heads of Executive Departments and Agencies, from Shaun Donovan, Director, Office of Management and Budget, Subject: Implementation of the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015. Under this guidance, the Commission has identified one applicable civil monetary penalty and calculated the catch-up adjustment. This rule adjusts the level of the civil monetary penalty contained in 25 CFR 575.4 (``The Chairman may assess a civil fine, not to exceed $25,000 per violation, against a tribe, management contractor, or individual operating Indian gaming for each notice of violation . . .''). The OMB provided to agencies a table of multipliers to adjust the penalty level based on the year that the penalty was established or last adjusted by statute or regulation. The multiplier for 1988 (when the Indian Gaming Regulatory Act was enacted) is 1.97869 ($25,000 x 1.97869 = $49,467). III. Regulatory Matters Regulatory Planning and Review This interim final rule is not a significant rule and OMB has reviewed this rule under Executive Order 12866. This rule provides an initial catch-up adjustment of penalties to account for inflation. (1) This rule will not have an effect of $100 million or more on the economy or will not adversely affect, in a material way, the economy, productivity, competition, jobs, the environment, public health or safety, or state, local, or tribal governments or communities. (2) This rule will not create a serious inconsistency or otherwise interfere with an action taken or planned by another agency. (3) This rule does not involve entitlements, grants, user fees, or loan programs or the rights or obligations of recipients. (4) This regulatory change does not raise novel legal or policy issues. Regulatory Flexibility Act The Commission certifies that this document 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. [[Page 43942]] Small Business Regulatory Enforcement Fairness Act This interim final rule is not a major rule under 5 U.S.C. 804(2), the Small Business Regulatory Enforcement Fairness Act. It will not result in the expenditure by state, local, or tribal governments, in the aggregate, or by the private sector of $100 million or more in any one year. The rule will not result in a major increase in costs or prices for consumers, individual industries, federal, state, or local government agencies, or geographic regions. Nor will this rule have significant adverse effects on competition, employment, investment, productivity, innovation, or the ability of the U.S.-based enterprises to compete with foreign-based enterprises. Unfunded Mandates Reform Act This interim final rule does not impose an unfunded mandate of more than $100 million per year on state, local, or tribal governments or the private sector. The rule also does not have a significant or unique effect on state, local, or tribal governments or the private sector. Therefore, a statement containing the information required by the Unfunded Mandates Reform Act (2 U.S.C. 1531 et seq.) is not required. Takings Under the criteria in Executive Order 12630, this interim final rule does not affect individual property rights protected by the Fifth Amendment nor does it involve a compensable ``taking.'' Thus, a takings implication assessment is not required. Federalism Under the criteria in Executive Order 13132, this interim final rule has no substantial direct effect on the states, on the relationship between the national government and the states, or on the distribution of power and responsibilities among the various levels of government. Civil Justice Reform This interim final rule complies with the requirements of Executive Order 12988. Specifically, this rule has been reviewed to eliminate errors and ambiguity and written to minimize litigation. It is written in clear language and contains clear legal standards. Consultation with Indian Tribes In accordance with the President's memorandum of April 29, 1994, Government-to-Government Relations with Native American Tribal Governments, Executive Order 13175 (59 FR 22951, November 6, 2000), the Commission has determined that consultations with Indian gaming tribes is not practicable, as Congress has mandated that the civil penalty adjustments in the Act be implemented no later than August 1, 2016. Paperwork Reduction Act This interim final rule does not affect any information collections under the Paperwork Reduction Act. National Environmental Policy Act This interim final rule does not constitute a major federal action significantly affecting the quality of the human environment. Information Quality Act In developing this interim final rule, the Commission did not conduct or use a study, experiment, or survey requiring peer review under the Information Quality Act (Pub. L. 106-554). Effects on the Energy Supply This interim final rule is not a significant energy action under the definition in Executive Order 13211. A Statement of Energy Effects is not required. Clarity of this Regulation The Commission is required by Executive Orders 12866 and 12988 and by the Presidential Memorandum of June 1, 1998, to write all rules in plain language. This means that each rule that the Commission publishes must: (a) Be logically organized; (b) use the active voice to address readers directly; (c) use clear language rather than jargon; (d) be divided into short sections and sentences; and (e) use lists and tables wherever possible. Required Determinations Under the Administrative Procedure Act The Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 requires agencies to adjust penalties for the catch-up adjustment through an interim final rulemaking. Therefore, the Commission is not required to complete a notice and comment process prior to promulgation. List of Subjects in 25 CFR Part 575 Administrative practice and procedure, Gaming, Indian lands, Penalties. For the reasons set forth in the preamble, the Commission amends 25 CFR part 575 as follows: PART 575--CIVIL FINES 0 1. The authority citation for part 575 is revised to read as follows: Authority: 25 U.S.C. 2705(a), 2706, 2713, 2715; and Sec. 701, Pub. L. 114-74, 129 Stat. 599. 0 2. Amend the introductory text of Sec. 575.4 by removing ``$25,000'' and adding in its place ``$49,467''. Dated: June 28, 2016. Jonodev O. Chaudhuri, Chairman, Kathryn Isom-Clause, Vice Chairwoman, E. Sequoyah Simermeyer, Associate Commissioner. [FR Doc. 2016-16009 Filed 7-5-16; 8:45 am] BILLING CODE 7565-01-P
![Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Rules and Regulations 43941
Part 284 of this chapter and who (e) 15 U.S.C. 717t–1, Natural Gas Act: II. Calculation of Adjustment
knowingly violates the requirements of $1,193,970 per day.
§§ 358.4 and 358.5, § 250.16, or § 284.13 (f) 49 App. U.S.C. 6(10) (1988), The OMB issued guidance on
of this chapter will be subject, pursuant Interstate Commerce Act: $1,250 per calculating the catch-up adjustment. See
to sections 311(c), 501, and 504(b)(6) of offense and $62.50 per day after the first February 24, 2016, Memorandum for the
the Natural Gas Policy Act of 1978, to day. Heads of Executive Departments and
a civil penalty, which the Commission (g) 49 App. U.S.C. 16(8) (1988), Agencies, from Shaun Donovan,
may assess, of not more than $1,193,970 Interstate Commerce Act: $12,500 per Director, Office of Management and
for any one violation. day. Budget, Subject: Implementation of the
* * * * * (h) 49 App. U.S.C. 19a(k) (1988), Federal Civil Penalties Inflation
Interstate Commerce Act: $1,250 per Adjustment Act Improvements Act of
PART 385—RULES OF PRACTICE AND day. 2015. Under this guidance, the
PROCEDURE (i) 49 App. U.S.C. 20(7)(a) (1988), Commission has identified one
Interstate Commerce Act: $1,250 per applicable civil monetary penalty and
■ 3. The authority citation for part 385 day. calculated the catch-up adjustment.
is revised to read as follows: [FR Doc. 2016–15947 Filed 7–5–16; 8:45 am] This rule adjusts the level of the civil
Authority: 5 U.S.C. 551–557; 15 U.S.C. BILLING CODE 6717–01–P monetary penalty contained in 25 CFR
717–717z, 3301–3432; 16 U.S.C. 791a–825v, 575.4 (‘‘The Chairman may assess a civil
2601–2645; 28 U.S.C. 2461; 31 U.S.C. 3701, fine, not to exceed $25,000 per
9701; 42 U.S.C. 7101–7352, 16441, 16451– DEPARTMENT OF THE INTERIOR violation, against a tribe, management
16463; 49 U.S.C. 60502; 49 App. U.S.C. 1–85
contractor, or individual operating
(1988); 28 U.S.C. 2461 note (1990); 28 U.S.C. National Indian Gaming Commission
2461 note (2015). Indian gaming for each notice of
violation . . .’’). The OMB provided to
■ 4. Revise § 385.1504(a) to read as 25 CFR Part 575 agencies a table of multipliers to adjust
follows: the penalty level based on the year that
Civil Penalty Inflation Adjustment
§ 385.1504 Maximum civil penalty (Rule the penalty was established or last
1504). AGENCY: National Indian Gaming adjusted by statute or regulation. The
(a) Except as provided in paragraph Commission. multiplier for 1988 (when the Indian
(b) of this section, the Commission may ACTION: Interim final rule. Gaming Regulatory Act was enacted) is
assess a civil penalty of up to $21,563 1.97869 ($25,000 × 1.97869 = $49,467).
SUMMARY: In compliance with the
for each day that the violation III. Regulatory Matters
Federal Civil Penalties Inflation
continues.
Adjustment Act Improvements Act of Regulatory Planning and Review
* * * * * 2015 and Office of Management and
■ 5. Revise § 385.1601 to read as Budget (OMB) guidance, this rule This interim final rule is not a
follows: adjusts the level of the civil monetary significant rule and OMB has reviewed
penalty, contained in the National this rule under Executive Order 12866.
§ 385.1601 Scope and purpose (Rule
1601). Indian Gaming Commission’s (NIGC or This rule provides an initial catch-up
Commission) regulation, with an initial adjustment of penalties to account for
The purpose of this subpart is to make
‘‘catch-up’’ adjustment. inflation.
inflation adjustments to the civil
DATES: This interim final rule will have
monetary penalties provided by law (1) This rule will not have an effect of
within the jurisdiction of the an effective date of August 1, 2016.
$100 million or more on the economy or
Commission. These penalties shall be FOR FURTHER INFORMATION CONTACT: will not adversely affect, in a material
subject to review and adjustment as Contact Armando J. Acosta, Senior way, the economy, productivity,
necessary at least every year in Attorney, Office of General Counsel, competition, jobs, the environment,
accordance with the Federal Civil National Indian Gaming Commission, at public health or safety, or state, local, or
Penalties Inflation Act of 1990, as (202) 632–7003; fax (202) 632–7066 (not tribal governments or communities.
amended by the Federal Civil Penalties toll-free numbers).
SUPPLEMENTARY INFORMATION:
(2) This rule will not create a serious
Inflation Adjustment Act Improvements
inconsistency or otherwise interfere
Act of 2015. I. Background with an action taken or planned by
■ 6. Revise § 385.1602 to read as
On November 2, 2015, the President another agency.
follows:
signed into law the Federal Civil (3) This rule does not involve
§ 385.1602 Civil penalties, as adjusted Penalties Inflation Adjustment Act entitlements, grants, user fees, or loan
(Rule 1602). Improvements Act of 2015 (Sec. 701 of programs or the rights or obligations of
The current inflation-adjusted civil Pub. L. 114–74) (the Act). The Act recipients.
monetary penalties provided by law requires federal agencies to adjust the
(4) This regulatory change does not
within the jurisdiction of the level of civil monetary penalties with an
initial ‘‘catch-up’’ adjustment through raise novel legal or policy issues.
Commission are:
(a) 15 U.S.C. 3414(b)(6)(A)(i), Natural an interim final rulemaking and then Regulatory Flexibility Act
Gas Policy Act of 1978: $1,193,970 per make subsequent annual adjustments
day. for inflation. A civil monetary penalty is The Commission certifies that this
ehiers on DSK5VPTVN1PROD with RULES
(b) 16 U.S.C. 823b(c), Federal Power any assessment with a dollar amount document will not have a significant
Act: $21,563 per day. that is levied for a violation of a federal economic effect on a substantial number
(c) 16 U.S.C. 825n(a), Federal Power civil statute or regulation, and is of small entities under the Regulatory
Act: $2,750. assessed or enforceable through a civil Flexibility Act (5 U.S.C. 601 et seq.)
(d) 16 U.S.C. 825o–1(b), Federal action in federal court or an because the rule makes adjustments for
Power Act: $1,193,970 per day. administrative proceeding. inflation.
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![43942 Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Rules and Regulations
Small Business Regulatory Enforcement Commission has determined that PART 575—CIVIL FINES
Fairness Act consultations with Indian gaming tribes
is not practicable, as Congress has ■ 1. The authority citation for part 575
This interim final rule is not a major
mandated that the civil penalty is revised to read as follows:
rule under 5 U.S.C. 804(2), the Small
Business Regulatory Enforcement adjustments in the Act be implemented Authority: 25 U.S.C. 2705(a), 2706, 2713,
Fairness Act. It will not result in the no later than August 1, 2016. 2715; and Sec. 701, Pub. L. 114–74, 129 Stat.
expenditure by state, local, or tribal 599.
Paperwork Reduction Act
governments, in the aggregate, or by the ■ 2. Amend the introductory text of
private sector of $100 million or more This interim final rule does not affect § 575.4 by removing ‘‘$25,000’’ and
in any one year. The rule will not result any information collections under the adding in its place ‘‘$49,467’’.
in a major increase in costs or prices for Paperwork Reduction Act.
Dated: June 28, 2016.
consumers, individual industries, National Environmental Policy Act Jonodev O. Chaudhuri,
federal, state, or local government
This interim final rule does not Chairman,
agencies, or geographic regions. Nor will
this rule have significant adverse effects constitute a major federal action Kathryn Isom-Clause,
on competition, employment, significantly affecting the quality of the Vice Chairwoman,
investment, productivity, innovation, or human environment. E. Sequoyah Simermeyer,
the ability of the U.S.-based enterprises Information Quality Act Associate Commissioner.
to compete with foreign-based
[FR Doc. 2016–16009 Filed 7–5–16; 8:45 am]
enterprises. In developing this interim final rule,
BILLING CODE 7565–01–P
the Commission did not conduct or use
Unfunded Mandates Reform Act
a study, experiment, or survey requiring
This interim final rule does not peer review under the Information
impose an unfunded mandate of more Quality Act (Pub. L. 106–554). DEPARTMENT OF JUSTICE
than $100 million per year on state,
local, or tribal governments or the Effects on the Energy Supply Office of the Attorney General
private sector. The rule also does not This interim final rule is not a
have a significant or unique effect on 28 CFR Part 11
significant energy action under the
state, local, or tribal governments or the definition in Executive Order 13211. A [JMD Docket No. 152; A.G. Order No. 3689–
private sector. Therefore, a statement Statement of Energy Effects is not 2016]
containing the information required by required. RIN 1105–AB44
the Unfunded Mandates Reform Act (2
U.S.C. 1531 et seq.) is not required. Clarity of this Regulation
Department of Justice Debt Collection
Takings The Commission is required by Regulations
Executive Orders 12866 and 12988 and
Under the criteria in Executive Order AGENCY: Department of Justice.
by the Presidential Memorandum of
12630, this interim final rule does not June 1, 1998, to write all rules in plain ACTION: Final rule.
affect individual property rights language. This means that each rule that
protected by the Fifth Amendment nor SUMMARY: This rule amends the
the Commission publishes must: regulations that govern debt collection
does it involve a compensable ‘‘taking.’’
Thus, a takings implication assessment (a) Be logically organized; at the Department of Justice
is not required. (b) use the active voice to address (Department) to bring the regulations
readers directly; into conformity with government-wide
Federalism (c) use clear language rather than standards, to update or delete obsolete
Under the criteria in Executive Order jargon; references, and to make other clarifying
13132, this interim final rule has no (d) be divided into short sections and or technical changes.
substantial direct effect on the states, on sentences; and DATES: Effective August 5, 2016.
the relationship between the national (e) use lists and tables wherever FOR FURTHER INFORMATION CONTACT:
government and the states, or on the possible. Dennis Dauphin, Director, Debt
distribution of power and Collection Management Staff, or Morton
responsibilities among the various Required Determinations Under the J. Posner, Assistant General Counsel,
levels of government. Administrative Procedure Act Justice Management Division, U.S.
Civil Justice Reform The Federal Civil Penalties Inflation Department of Justice, Washington, DC
Adjustment Act Improvements Act of 20530, (202) 514–5343 or (202) 514–
This interim final rule complies with
2015 requires agencies to adjust 3452.
the requirements of Executive Order
12988. Specifically, this rule has been penalties for the catch-up adjustment SUPPLEMENTARY INFORMATION:
reviewed to eliminate errors and through an interim final rulemaking. On February 18, 2015, the Department
ambiguity and written to minimize Therefore, the Commission is not published a proposed rule to revise its
litigation. It is written in clear language required to complete a notice and existing debt collection regulations. See
and contains clear legal standards. comment process prior to promulgation. 80 FR 8580–01. Following a public
List of Subjects in 25 CFR Part 575 comment period, the Department
Consultation with Indian Tribes received two comments. One
ehiers on DSK5VPTVN1PROD with RULES
In accordance with the President’s Administrative practice and commenter generally endorsed the
memorandum of April 29, 1994, procedure, Gaming, Indian lands, rulemaking proposal. Another
Government-to-Government Relations Penalties. commenter recommended editorial
with Native American Tribal For the reasons set forth in the revisions to clarify the proposed rule
Governments, Executive Order 13175 preamble, the Commission amends 25 without making substantive changes.
(59 FR 22951, November 6, 2000), the CFR part 575 as follows: After due consideration, the Department
VerDate Sep<11>2014 12:09 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00016 Fmt 4700 Sfmt 4700 E:\FR\FM\06JYR1.SGM 06JYR1](https://thefederalregister.org/doc/81_FR_44070/page/2.svg)
Document Created: 2016-07-06 07:56:16
Document Modified: 2016-07-06 07:56:16
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Interim final rule. | |
| Dates | This interim final rule will have an effective date of August 1, 2016. | |
| Contact | Contact Armando J. Acosta, Senior Attorney, Office of General Counsel, National Indian Gaming Commission, at (202) 632-7003; fax (202) 632-7066 (not toll-free numbers). | |
| FR Citation | 81 FR 43941 | |
| CFR Associated | Administrative Practice and Procedure; Gaming; Indian Lands and Penalties |
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