82_FR_12106 82 FR 12068 - Annual Adjustment of Civil Monetary Penalty To Reflect Inflation

82 FR 12068 - Annual Adjustment of Civil Monetary Penalty To Reflect Inflation

DEPARTMENT OF THE INTERIOR
National Indian Gaming Commission

Federal Register Volume 82, Issue 38 (February 28, 2017)

Page Range12068-12069
FR Document2017-03858

In compliance with the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (the Act) and Office of Management and Budget (OMB) guidance, the National Indian Gaming Commission (NIGC or Commission) is amending its civil monetary penalty rule to reflect an annual adjustment for inflation in order to improve the penalty's effectiveness and maintain its deterrent effect. The Act provides that the new penalty level must apply to penalties assessed after the effective date of the increase, including when the penalties whose associated violation predate the increase.

Federal Register, Volume 82 Issue 38 (Tuesday, February 28, 2017) 
[Federal Register Volume 82, Number 38 (Tuesday, February 28, 2017)]
[Rules and Regulations]
[Pages 12068-12069]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-03858]


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DEPARTMENT OF THE INTERIOR

National Indian Gaming Commission

25 CFR Part 575


Annual Adjustment of Civil Monetary Penalty To Reflect Inflation

AGENCY: National Indian Gaming Commission, Department of the Interior.

ACTION: Final rule.

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SUMMARY: In compliance with the Federal Civil Penalties Inflation 
Adjustment Act Improvements Act of 2015 (the Act) and Office of 
Management and Budget (OMB) guidance, the National Indian Gaming 
Commission (NIGC or Commission) is amending its civil monetary penalty 
rule to reflect an annual adjustment for inflation in order to improve 
the penalty's effectiveness and maintain its deterrent effect. The Act 
provides that the new penalty level must apply to penalties assessed 
after the effective date of the increase, including when the penalties 
whose associated violation predate the increase.

DATES: This final rule is effective February 28, 2017.

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). Beginning in 2017, the Act requires agencies to 
make annual inflationary adjustments to their civil monetary penalties 
by January 15th of each year, in accordance with yearly OMB guidance.

II. Calculation of Annual Adjustment

    On December 16, 2016, OMB issued guidance to agencies to calculate 
the annual adjustment. See Memorandum for the Heads of Executive 
Departments and Agencies, from Shaun Donovan, Director, Office of 
Management and Budget, Subject: Implementation of the 2017 annual 
adjustment pursuant to the Federal Civil Penalties Inflation Adjustment 
Act Improvements Act of 2015. According to OMB, the cost-of-living 
adjustment multiplier for 2017, based on the Consumer Price Index (CPI-
U) for the month of October 2016, not seasonally adjusted, is 1.01636.
    Pursuant to this guidance, the Commission has calculated the annual 
adjustment level of the civil monetary penalty contained in 25 CFR 
575.4 (``The Chairman may assess a civil fine, not to exceed $49,467 
per violation, against a tribe, management contractor, or individual 
operating Indian gaming for each notice of violation . . .''). The 2017 
adjusted level of the civil monetary penalty is $50,276 ($49,467 x 
1.01636).

III. Regulatory Matters

Regulatory Planning and Review

    This final rule is not a significant rule under Executive Order 
12866.
    (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 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 annual adjustments for inflation.

Small Business Regulatory Enforcement Fairness Act

    This 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

[[Page 12069]]

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 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 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 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 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 annual civil penalty 
adjustments in the Act be implemented no later than January 15th of 
each year.

Paperwork Reduction Act

    This final rule does not affect any information collections under 
the Paperwork Reduction Act.

National Environmental Policy Act

    This final rule does not constitute a major federal action 
significantly affecting the quality of the human environment.

Information Quality Act

    In developing this 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 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

    In accordance with the Act, agencies are to annually adjust civil 
monetary penalties without providing an opportunity for notice and 
comment, and without a delay in its effective date. 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 continues to read as follows:

    Authority:  25 U.S.C. 2705(a), 2706, 2713, 2715; and Sec. 701, 
Pub. L. 114-74, 129 Stat. 599.


Sec.  575.4   [Amended]

0
2. Amend the introductory text of Sec.  575.4 by removing ``$49,467'' 
and adding in its place ``$50,276''.

    Dated: February 22, 2017.
Jonodev O. Chaudhuri,
Chairman.
Kathryn Isom-Clause,
Vice Chairwoman.
E. Sequoyah Simermeyer,
Associate Commissioner.
[FR Doc. 2017-03858 Filed 2-27-17; 8:45 am]
 BILLING CODE 7565-01-P

12068 Federal Register / Vol. 82, No. 38 / Tuesday, February 28, 2017 / Rules and Regulations ACTION: Direct final rule; confirmation of Pursuant to the memorandum, the II. Calculation of Annual Adjustment effective date. Director of OMB has excluded the direct On December 16, 2016, OMB issued final rule that published on October 26, guidance to agencies to calculate the SUMMARY: In accordance with a 2016, at 81 FR 74298, from the directive determination by the Director of the annual adjustment. See Memorandum to delay the effective date of certain for the Heads of Executive Departments Office of Management and Budget regulations. The Department, therefore, (OMB) that the direct final rule (‘‘Use of and Agencies, from Shaun Donovan, confirms that the effective date of the Director, Office of Management and Ozone Depleting Substances’’) direct final rule is February 23, 2017. published on October 26, 2016, is Budget, Subject: Implementation of the excluded from the memorandum of Dated: February 22, 2017. 2017 annual adjustment pursuant to the January 20, 2017, from the Assistant to Thomas E. Price, Federal Civil Penalties Inflation the President and Chief of Staff, entitled Secretary. Adjustment Act Improvements Act of ‘‘Regulatory Freeze Pending Review,’’ [FR Doc. 2017–03866 Filed 2–27–17; 8:45 am] 2015. According to OMB, the cost-of- this action confirms the effective date of BILLING CODE 4164–01–P living adjustment multiplier for 2017, February 23, 2017, for the direct final based on the Consumer Price Index rule. (CPI–U) for the month of October 2016, not seasonally adjusted, is 1.01636. DATES: The effective date of the direct DEPARTMENT OF THE INTERIOR Pursuant to this guidance, the final rule that published on October 26, Commission has calculated the annual 2016, at 81 FR 74298, is confirmed to be National Indian Gaming Commission adjustment level of the civil monetary February 23, 2017. penalty contained in 25 CFR 575.4 FOR FURTHER INFORMATION CONTACT: (‘‘The Chairman may assess a civil fine, 25 CFR Part 575 Daniel Orr, Center for Drug Evaluation not to exceed $49,467 per violation, and Research, Food and Drug Annual Adjustment of Civil Monetary against a tribe, management contractor, Administration, 10903 New Hampshire Penalty To Reflect Inflation or individual operating Indian gaming Ave., Bldg. 51, Rm. 6246, Silver Spring, for each notice of violation . . .’’). The MD 20993, 240–402–0979, AGENCY: National Indian Gaming 2017 adjusted level of the civil daniel.orr@fda.hhs.gov. Commission, Department of the Interior. monetary penalty is $50,276 ($49,467 × SUPPLEMENTARY INFORMATION: On ACTION: Final rule. 1.01636). October 26, 2016, the Food and Drug SUMMARY: In compliance with the III. Regulatory Matters Administration (FDA or Agency) issued a direct final rule amending the Federal Civil Penalties Inflation Regulatory Planning and Review regulation on uses of ozone-depleting Adjustment Act Improvements Act of This final rule is not a significant rule substances (ODSs), including 2015 (the Act) and Office of under Executive Order 12866. chlorofluorocarbons, to remove the Management and Budget (OMB) (1) This rule will not have an effect of designations for sterile aerosol talc guidance, the National Indian Gaming $100 million or more on the economy or administered intrapleurally by Commission (NIGC or Commission) is will not adversely affect, in a material thoracoscopy for human use and amending its civil monetary penalty way, the economy, productivity, metered-dose atropine sulfate aerosol rule to reflect an annual adjustment for competition, jobs, the environment, human drugs administered by oral inflation in order to improve the public health or safety, or state, local, or inhalation as ‘‘essential uses’’ under the penalty’s effectiveness and maintain its tribal governments or communities. Clean Air Act. FDA took this action deterrent effect. The Act provides that (2) This rule will not create a serious because alternative products that do not the new penalty level must apply to inconsistency or otherwise interfere use ODSs are now available, and penalties assessed after the effective with an action taken or planned by because these products are no longer date of the increase, including when the another agency. being marketed in versions that contain penalties whose associated violation (3) This rule does not involve ODSs. FDA did not receive any predate the increase. entitlements, grants, user fees, or loan significant adverse comments regarding DATES: This final rule is effective programs or the rights or obligations of the direct final rule, which was February 28, 2017. recipients. published with an effective date of (4) This regulatory change does not FOR FURTHER INFORMATION CONTACT: February 23, 2017. raise novel legal or policy issues. A memorandum of January 20, 2017 Contact Armando J. Acosta, Senior (82 FR 8346), from the Assistant to the Attorney, Office of General Counsel, Regulatory Flexibility Act President and Chief of Staff, entitled National Indian Gaming Commission, at The Commission certifies that this ‘‘Regulatory Freeze Pending Review,’’ (202) 632–7003; fax (202) 632–7066 (not rule will not have a significant directed the heads of Executive toll-free numbers). economic effect on a substantial number Departments and Agencies to SUPPLEMENTARY INFORMATION: of small entities under the Regulatory temporarily postpone for 60 days from Flexibility Act (5 U.S.C. 601 et seq.) I. Background the date of the memorandum the because the rule makes annual effective dates of all regulations that had On November 2, 2015, the President adjustments for inflation. been published in the Federal Register signed into law the Federal Civil but had not yet taken effect, for the Penalties Inflation Adjustment Act Small Business Regulatory Enforcement pmangrum on DSK3GDR082PROD with RULES purpose of ‘‘reviewing questions of fact, Improvements Act of 2015 (Sec. 701 of Fairness Act law, and policy they raise.’’ The Pub. L. 114–74). Beginning in 2017, the This final rule is not a major rule memorandum also stated that the Act requires agencies to make annual under 5 U.S.C. 804(2), the Small Director of OMB may exclude certain inflationary adjustments to their civil Business Regulatory Enforcement regulations if they ‘‘affect critical health, monetary penalties by January 15th of Fairness Act. It will not result in the safety, financial, or national security each year, in accordance with yearly expenditure by state, local, or tribal matters, or for some other reason.’’ OMB guidance. governments, in the aggregate, or by the VerDate Sep<11>2014 14:13 Feb 27, 2017 Jkt 241001 PO 00000 Frm 00006 Fmt 4700 Sfmt 4700 E:\FR\FM\28FER1.SGM 28FER1

Federal Register / Vol. 82, No. 38 / Tuesday, February 28, 2017 / Rules and Regulations 12069 private sector of $100 million or more written to minimize litigation. It is (b) use the active voice to address in any one year. The rule will not result written in clear language and contains readers directly; in a major increase in costs or prices for clear legal standards. (c) use clear language rather than consumers, individual industries, jargon; Consultation With Indian Tribes federal, state, or local government (d) be divided into short sections and agencies, or geographic regions. Nor will In accordance with the President’s sentences; and this rule have significant adverse effects memorandum of April 29, 1994, (e) use lists and tables wherever on competition, employment, Government-to-Government Relations possible. investment, productivity, innovation, or with Native American Tribal Required Determinations Under the the ability of the U.S.-based enterprises Governments, Executive Order 13175 Administrative Procedure Act to compete with foreign-based (59 FR 22951, November 6, 2000), the enterprises. Commission has determined that In accordance with the Act, agencies consultations with Indian gaming tribes are to annually adjust civil monetary Unfunded Mandates Reform Act penalties without providing an is not practicable, as Congress has This final rule does not impose an mandated that annual civil penalty opportunity for notice and comment, unfunded mandate of more than $100 adjustments in the Act be implemented and without a delay in its effective date. million per year on state, local, or tribal no later than January 15th of each year. Therefore, the Commission is not governments or the private sector. The required to complete a notice and Paperwork Reduction Act comment process prior to promulgation. rule also does not have a significant or unique effect on state, local, or tribal This final rule does not affect any List of Subjects in 25 CFR Part 575 governments or the private sector. information collections under the Therefore, a statement containing the Paperwork Reduction Act. Administrative practice and information required by the Unfunded procedure, Gaming, Indian lands, National Environmental Policy Act Penalties. Mandates Reform Act (2 U.S.C. 1531 et seq.) is not required. This final rule does not constitute a For the reasons set forth in the major federal action significantly preamble, the Commission amends 25 Takings affecting the quality of the human CFR part 575 as follows: Under the criteria in Executive Order environment. 12630, this final rule does not affect PART 575—CIVIL FINES Information Quality Act individual property rights protected by the Fifth Amendment nor does it In developing this final rule, the ■ 1. The authority citation for part 575 involve a compensable ‘‘taking.’’ Thus, Commission did not conduct or use a continues to read as follows: a takings implication assessment is not study, experiment, or survey requiring Authority: 25 U.S.C. 2705(a), 2706, 2713, required. peer review under the Information 2715; and Sec. 701, Pub. L. 114–74, 129 Stat. Quality Act (Pub. L. 106–554). 599. Federalism Effects on the Energy Supply § 575.4 [Amended] Under the criteria in Executive Order 13132, this final rule has no substantial This final rule is not a significant ■ 2. Amend the introductory text of direct effect on the states, on the energy action under the definition in § 575.4 by removing ‘‘$49,467’’ and relationship between the national Executive Order 13211. A Statement of adding in its place ‘‘$50,276’’. government and the states, or on the Energy Effects is not required. Dated: February 22, 2017. distribution of power and Clarity of This Regulation Jonodev O. Chaudhuri, responsibilities among the various Chairman. levels of government. The Commission is required by Kathryn Isom-Clause, Executive Orders 12866 and 12988 and Civil Justice Reform by the Presidential Memorandum of Vice Chairwoman. This final rule complies with the June 1, 1998, to write all rules in plain E. Sequoyah Simermeyer, requirements of Executive Order 12988. language. This means that each rule that Associate Commissioner. Specifically, this rule has been reviewed the Commission publishes must: [FR Doc. 2017–03858 Filed 2–27–17; 8:45 am] to eliminate errors and ambiguity and (a) Be logically organized; BILLING CODE 7565–01–P pmangrum on DSK3GDR082PROD with RULES VerDate Sep<11>2014 14:13 Feb 27, 2017 Jkt 241001 PO 00000 Frm 00007 Fmt 4700 Sfmt 9990 E:\FR\FM\28FER1.SGM 28FER1


Document Created: 2017-02-27 23:53:27
Document Modified: 2017-02-27 23:53:27
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
ActionFinal rule.
DatesThis final rule is effective February 28, 2017.
ContactContact 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 Citation82 FR 12068 
CFR AssociatedAdministrative Practice and Procedure; Gaming; Indian Lands and Penalties
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