81_FR_94521 81 FR 94274 - Civil Penalties; Inflation Adjustments for Civil Monetary Penalties

81 FR 94274 - Civil Penalties; Inflation Adjustments for Civil Monetary Penalties

DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service

Federal Register Volume 81, Issue 247 (December 23, 2016)

Page Range94274-94274
FR Document2016-31038

The U.S. Fish and Wildlife Service (Service or we) is adopting, as a final rule, without change, an interim rule that revised our civil procedure regulations and increased civil monetary penalties for inflation.

Federal Register, Volume 81 Issue 247 (Friday, December 23, 2016)
[Federal Register Volume 81, Number 247 (Friday, December 23, 2016)]
[Rules and Regulations]
[Page 94274]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-31038]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 11

[Docket No. FWS-HQ-LE-2016-0045; FF09L00200-FX-LE18110900000]
RIN 1018-BB32


Civil Penalties; Inflation Adjustments for Civil Monetary 
Penalties

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Adoption of interim rule as final rule.

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SUMMARY: The U.S. Fish and Wildlife Service (Service or we) is 
adopting, as a final rule, without change, an interim rule that revised 
our civil procedure regulations and increased civil monetary penalties 
for inflation.

DATES: Effective on December 23, 2016.

FOR FURTHER INFORMATION CONTACT: Paul Beiriger, Special Agent in 
Charge, Branch of Investigations, U.S. Fish and Wildlife Service, 
Office of Law Enforcement, (703) 358-1949.

SUPPLEMENTARY INFORMATION:

Background

    The regulations at 50 CFR part 11 provide uniform rules and 
procedures for the assessment of civil penalties resulting from 
violations of certain laws and regulations enforced by the Service.
    On June 28, 2016, the Service published in the Federal Register an 
interim rule (81 FR 41862) that amended 50 CFR part 11, in accordance 
with the Federal Civil Penalties Inflation Adjustment Act Improvements 
Act of 2015 (Inflation Adjustment Act; sec. 701 of Pub. L. 114-74) and 
Office of Management and Budget guidance, to adjust for inflation the 
statutory civil monetary penalties that may be assessed for violations 
of Service-administered statutes and their implementing regulations. We 
are required to adjust civil monetary penalties as necessary for 
inflation according to a formula specified in the Inflation Adjustment 
Act.
    The interim rule became effective on July 28, 2016. We accepted 
public comments for 60 days on the interim rule, ending August 29, 
2016. By that date, we did not receive any comments on the interim 
rule. Therefore, we are affirming the interim rule as a final rule, 
without change.
    The interim rule is available at http://www.regulations.gov under 
Docket No. FWS-HQ-LE-2016-0045.

List of Subjects in 50 CFR Part 11

    Administrative practice and procedure, Exports, Fish, Imports, 
Penalties, Plants, Transportation, Wildlife.

PART 11--CIVIL PROCEDURES

0
Accordingly, we are adopting as a final rule, without change, the 
interim rule amending 50 CFR part 11 that was published at 81 FR 41862 
on June 28, 2016.

    Dated: December 12, 2016.
Michael J. Bean,
Principal Deputy Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 2016-31038 Filed 12-22-16; 8:45 am]
 BILLING CODE 4333-15-P



                                                94274            Federal Register / Vol. 81, No. 247 / Friday, December 23, 2016 / Rules and Regulations

                                                into any agency docket by the name of                   costs for acquiring new equipment and                 Background
                                                the individual submitting the comment                   material. * * *
                                                (or signing the comment, if submitted                                                                            The regulations at 50 CFR part 11
                                                                                                        *     *     *    *     *
                                                on behalf of an association, business,                    (e) The reporting threshold is $6,700               provide uniform rules and procedures
                                                labor union, etc.). You may review                      for calendar years 2002 through 2005,                 for the assessment of civil penalties
                                                DOT’s complete Privacy Act Statement                    $7,700 for calendar year 2006, $8,200                 resulting from violations of certain laws
                                                in the Federal Register (65 FR 19477–                   for calendar year 2007, $8,500 for                    and regulations enforced by the Service.
                                                19478, Apr. 11, 2000) or you may visit                  calendar year 2008, $8,900 for calendar                  On June 28, 2016, the Service
                                                http://www.transportation.gov/privacy.                  year 2009, $9,200 for calendar year                   published in the Federal Register an
                                                                                                        2010, $9,400 for calendar year 2011,                  interim rule (81 FR 41862) that
                                                List of Subjects in 49 CFR Part 225                                                                           amended 50 CFR part 11, in accordance
                                                                                                        $9,500 for calendar year 2012, $9,900
                                                  Investigations, Penalties, Railroad                   for calendar year 2013, $10,500 for                   with the Federal Civil Penalties
                                                safety, Reporting and recordkeeping                     calendar year 2014, $10,500 for calendar              Inflation Adjustment Act Improvements
                                                requirements.                                           year 2015, $10,500 for calendar year                  Act of 2015 (Inflation Adjustment Act;
                                                                                                        2016, and $10,700 for calendar year                   sec. 701 of Pub. L. 114–74) and Office
                                                The Rule                                                                                                      of Management and Budget guidance, to
                                                                                                        2017. The procedure for determining the
                                                  In consideration of the foregoing, FRA                reporting threshold for calendar years                adjust for inflation the statutory civil
                                                amends part 225 of chapter II, subtitle                 2006 and beyond appears as paragraphs                 monetary penalties that may be assessed
                                                B of title 49, Code of Federal                          1–8 of appendix B to part 225.                        for violations of Service-administered
                                                Regulations, as follows:                                *     *     *    *     *                              statutes and their implementing
                                                                                                                                                              regulations. We are required to adjust
                                                PART 225—[AMENDED]                                      Sarah E. Feinberg,                                    civil monetary penalties as necessary for
                                                                                                        Administrator.                                        inflation according to a formula
                                                ■ 1. The authority citation for part 225                [FR Doc. 2016–30812 Filed 12–22–16; 8:45 am]          specified in the Inflation Adjustment
                                                continues to read as follows:                           BILLING CODE 4910–06–P                                Act.
                                                  Authority: 49 U.S.C. 103, 322(a), 20103,                                                                       The interim rule became effective on
                                                20107, 20901–02, 21301, 21302, 21311; 28                                                                      July 28, 2016. We accepted public
                                                U.S.C. 2461, note; and 49 CFR 1.89.                     DEPARTMENT OF THE INTERIOR                            comments for 60 days on the interim
                                                ■ 2. In § 225.19, revise the first sentence                                                                   rule, ending August 29, 2016. By that
                                                of paragraph (c), and paragraph (e) to                  Fish and Wildlife Service                             date, we did not receive any comments
                                                read as follows:                                                                                              on the interim rule. Therefore, we are
                                                                                                        50 CFR Part 11                                        affirming the interim rule as a final rule,
                                                § 225.19 Primary groups of accidents/                                                                         without change.
                                                                                                        [Docket No. FWS–HQ–LE–2016–0045;
                                                incidents.
                                                                                                        FF09L00200–FX–LE18110900000]                             The interim rule is available at http://
                                                *      *    *      *    *
                                                                                                        RIN 1018–BB32                                         www.regulations.gov under Docket No.
                                                   (c) Group II—Rail equipment. Rail                                                                          FWS–HQ–LE–2016–0045.
                                                equipment accidents/incidents are                       Civil Penalties; Inflation Adjustments
                                                collisions, derailments, fires,                                                                               List of Subjects in 50 CFR Part 11
                                                                                                        for Civil Monetary Penalties
                                                explosions, acts of God, and other
                                                                                                        AGENCY:   Fish and Wildlife Service,                    Administrative practice and
                                                events involving the operation of on-
                                                                                                        Interior.                                             procedure, Exports, Fish, Imports,
                                                track equipment (standing or moving)
                                                                                                                                                              Penalties, Plants, Transportation,
                                                that result in damages higher than the                  ACTION: Adoption of interim rule as final
                                                                                                                                                              Wildlife.
                                                current reporting threshold (i.e., $6,700               rule.
                                                for calendar years 2002 through 2005,                                                                         PART 11—CIVIL PROCEDURES
                                                $7,700 for calendar year 2006, $8,200                   SUMMARY:   The U.S. Fish and Wildlife
                                                for calendar year 2007, $8,500 for                      Service (Service or we) is adopting, as
                                                                                                        a final rule, without change, an interim              ■ Accordingly, we are adopting as a
                                                calendar year 2008, $8,900 for calendar                                                                       final rule, without change, the interim
                                                year 2009, $9,200 for calendar year                     rule that revised our civil procedure
                                                                                                        regulations and increased civil                       rule amending 50 CFR part 11 that was
                                                2010, $9,400 for calendar year 2011,                                                                          published at 81 FR 41862 on June 28,
                                                $9,500 for calendar year 2012, $9,900                   monetary penalties for inflation.
                                                                                                        DATES: Effective on December 23, 2016.                2016.
                                                for calendar year 2013, $10,500 for
                                                calendar year 2014, $10,500 for calendar                FOR FURTHER INFORMATION CONTACT: Paul                   Dated: December 12, 2016.
                                                year 2015, $10,500 for calendar year                    Beiriger, Special Agent in Charge,                    Michael J. Bean,
                                                2016, and $10,700 for calendar year                     Branch of Investigations, U.S. Fish and               Principal Deputy Assistant Secretary for Fish
                                                2017) to railroad on-track equipment,                   Wildlife Service, Office of Law                       and Wildlife and Parks.
                                                signals, tracks, track structures, or                   Enforcement, (703) 358–1949.                          [FR Doc. 2016–31038 Filed 12–22–16; 8:45 am]
                                                roadbed, including labor costs and the                  SUPPLEMENTARY INFORMATION:                            BILLING CODE 4333–15–P
jstallworth on DSK7TPTVN1PROD with RULES




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Document Created: 2016-12-23 12:29:35
Document Modified: 2016-12-23 12:29:35
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionAdoption of interim rule as final rule.
DatesEffective on December 23, 2016.
ContactPaul Beiriger, Special Agent in Charge, Branch of Investigations, U.S. Fish and Wildlife Service, Office of Law Enforcement, (703) 358-1949.
FR Citation81 FR 94274 
RIN Number1018-BB32
CFR AssociatedAdministrative Practice and Procedure; Exports; Fish; Imports; Penalties; Plants; Transportation and Wildlife

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