82 FR 6307 - Civil Penalties; 2017 Inflation Adjustments for Civil Monetary Penalties
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service Federal Register Volume 82, Issue 12 (January 19, 2017)
Fish and Wildlife Service
Federal Register Volume 82, Issue 12 (January 19, 2017)
| Page Range | 6307-6309 | |
| FR Document | 2017-00889 |
[Federal Register Volume 82, Number 12 (Thursday, January 19, 2017)] [Rules and Regulations] [Pages 6307-6309] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-00889] ----------------------------------------------------------------------- DEPARTMENT OF THE INTERIOR Fish and Wildlife Service 50 CFR Part 11 [Docket No. FWS-HQ-LE-2017-0001; FF09L00200-FX-LE18110900000] RIN 1018-BB97 Civil Penalties; 2017 Inflation Adjustments for Civil Monetary Penalties AGENCY: Fish and Wildlife Service, Interior. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The U.S. Fish and Wildlife Service (Service or we) is issuing this final rule, in accordance with the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (Inflation Adjustment Act) and Office of Management and Budget (OMB) 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 annually for inflation according to a formula specified in the Inflation Adjustment Act. This rule replaces the previously issued amounts with the updated amounts after using the 2017 inflation adjustment multiplier provided in the OMB guidance. DATES: This rule is effective January 19, 2017. ADDRESSES: This rule may be found on the internet at www.regulations.gov in Docket No. FWS-HQ-LE-2017-0001. The previous rulemaking action related to this rule and described below in SUPPLEMENTARY INFORMATION may be found at www.regulations.gov in Docket No. FWS-HQ-LE-2016-0045. 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 in title 50 of the Code of Federal 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 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) (Inflation Adjustment Act). The Inflation Adjustment Act requires Federal agencies to adjust the [[Page 6308]] level of civil monetary penalties with an initial ``catch up'' adjustment through rulemaking and then make subsequent annual adjustments for inflation. The purpose of these adjustments is to maintain the deterrent effect of civil penalties and to further the policy goals of the underlying statutes. Under section 4 of the Federal Civil Penalties Inflation Adjustment Act of 1990, 28 U.S.C. 2461 note, as amended by the Inflation Adjustment Act, Pub. L. 114-74, 129 Stat. 584 (2015), each Federal agency is required to issue regulations adjusting for inflation the statutory civil monetary penalties (civil penalties) that can be imposed under the laws administered by that agency. The Inflation Adjustment Act provided for an initial ``catch up adjustment'' to take effect no later than August 1, 2016, followed by subsequent adjustments to be made no later than January 15 every year thereafter. This final rule adjusts the civil penalty amounts that may be imposed pursuant to each statutory provision beginning on the date specified above in DATES. On June 28, 2016, the Service published in the Federal Register an interim rule that revised 50 CFR part 11 (81 FR 41862). We did not receive any comments on the interim rule during the public comment period provided. Therefore, the interim rule became effective on July 28, 2016, as specified in that rule. The Service subsequently published a final rule on December 23, 2016, adopting the interim rule as final (81 FR 94274). The current rule adjusts the civil monetary penalty amounts that were listed in the June 28, 2016, interim rule and subsequently codified in 50 CFR 11.33 by using the inflation multiplier provided to all Federal agencies by OMB (see below). OMB issued a memorandum, M-17-11, entitled ``Implementation of the 2017 annual adjustment pursuant to the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015,'' which provides the cost-of-living adjustment multiplier for 2017: 1.01636. Therefore, we multiplied each penalty in the table published in the interim rule on June 28, 2016 (81 FR 41862), by 1.01636 to obtain the 2017 annual adjustment. The new amounts are reflected in the table in the rule portion of this document and replace the current amounts in 50 CFR 11.33. Required Determinations In this final rule, we are affirming our required determinations made in the June 28, 2016, interim rule (81 FR 41862); for descriptions of our actions to ensure compliance with the following statutes and Executive Orders, see that rule: National Environmental Policy Act (42 U.S.C. 4321 et seq.); Regulatory Flexibility Act (5 U.S.C. 601 et seq.); Small Business Regulatory Enforcement Fairness Act (5 U.S.C. 804(2)); Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.); Unfunded Mandates Reform Act (2 U.S.C. 1501 et seq.); and Executive Orders 12630, 12866, 12988, 13132, 13175, 13211, and 13563. Administrative Procedure Act As stated above, under section 4 of the Federal Civil Penalties Inflation Adjustment Act of 1990, 28 U.S.C. 2461 note, as amended by the Inflation Adjustment Act, Pub. L. 114-74, 129 Stat. 584 (2015), each Federal agency is required to issue regulations adjusting for inflation the statutory civil monetary penalties that can be imposed under the laws administered by that agency. The Inflation Adjustment Act provided for an initial ``catch up adjustment'' to take effect no later than August 1, 2016, followed by subsequent adjustments to be made no later than January 15 every year thereafter. This final rule adjusts the civil penalty amounts that may be imposed pursuant to each statutory provision beginning on the effective date of this rule. To comply with the Inflation Adjustment Act, we are issuing these regulations as a final rule. Section 553(b) of the Administrative Procedure Act (5 U.S.C. 551 et seq.) provides that, when an agency for good cause finds that notice and public procedure are impracticable, unnecessary, or contrary to the public interest, the agency may issue a rule without providing notice and an opportunity for prior public comment. The Service finds that providing for public comment before issuing this rule is unnecessary as this rulemaking is a nondiscretionary action. The Service is required to publish this rule in order to update the civil penalty amounts by the specified formula described above. The Service has no discretion to vary the amount of the adjustment to reflect any views or suggestions provided by commenters. Accordingly, it would serve no purpose to provide an opportunity for public comment prior to publication of this rule. Since this update to the June 28, 2016, interim rule (81 FR 41862) is merely ministerial, we find that pre-publication notice and public comment with respect to the revisions set forth in this rule is unnecessary. We also believe that we have good cause under 5 U.S.C. 553(d) to make this rule effective upon publication to meet the statutory deadline imposed by the Inflation Adjustment Act. List of Subjects in 50 CFR Part 11 Administrative practice and procedure, Exports, Fish, Imports, Penalties, Plants, Transportation, Wildlife. Regulation Promulgation For the reasons described above, we amend part 11, subchapter B of chapter I, title 50 of the Code of Federal Regulations as set forth below. PART 11--CIVIL PROCEDURES 0 1. The authority citation for part 11 continues to read as follows: Authority: 16 U.S.C. 470aa-470mm, 470aaa-470aaa-11, 668-668d, 1361-1384, 1401-1407, 1531-1544, 3371-3378, 4201-4245, 4901-4916, 5201-5207, 5301-5306; 18 U.S.C. 42-43; 25 U.S.C. 3001-3013; and Sec. 107, Pub. L. 114-74, 129 Stat. 599, unless otherwise noted. 0 2. Revise the table in Sec. 11.33 to read as follows: Sec. 11.33 Adjustments to penalties. * * * * * ---------------------------------------------------------------------------------------------------------------- Maximum civil Law Citation Type of violation monetary penalty ---------------------------------------------------------------------------------------------------------------- (a) African Elephant Conservation Act.. 16 U.S.C. 4224(b)........ Any violation............ $10,055 (b) Bald and Golden Eagle Protection 16 U.S.C. 668(b)......... Any violation............ 12,705 Act. (c) Endangered Species Act of 1973..... 16 U.S.C. 1540(a)(1)..... (1) Knowing violation of 50,276 section 1538. (2) Other knowing 24,132 violation. (3) Any other violation.. 1,270 (d) Lacey Act Amendments of 1981....... 16 U.S.C. 3373(a)........ (1) Violations referred 25,409 to in 16 U.S.C. 3373(a)(1). [[Page 6309]] (2) Violations referred 635 to in 16 U.S.C. 3373(a)(2). (e) Marine Mammal Protection Act of 16 U.S.C. 1375........... Any violation............ 25,409 1972. (f) Recreational Hunting Safety Act of 16 U.S.C. 5202(b)........ (1) Violation involving 16,169 1994. use of force or violence or threatened use of force or violence. (2) Any other violation.. 8,084 (g) Rhinoceros and Tiger Conservation 16 U.S.C. 5305a(b)(2).... Any violation............ 17,688 Act of 1998. (h) Wild Bird Conservation Act......... 16 U.S.C. 4912(a)(1)..... (1) Violation of section 42,618 4910(a)(1), section 4910(a)(2), or any permit issued under section 4911. (2) Violation of section 20,456 4910(a)(3). (3) Any other violation.. 853 ---------------------------------------------------------------------------------------------------------------- Dated: January 10, 2017. Michael J. Bean, Principal Deputy Assistant Secretary for Fish and Wildlife and Parks. [FR Doc. 2017-00889 Filed 1-18-17; 8:45 am] BILLING CODE 4333-15-P
![Federal Register / Vol. 82, No. 12 / Thursday, January 19, 2017 / Rules and Regulations 6307
H. Consultation With Indian Tribes adjustment for any given penalty to DEPARTMENT OF THE INTERIOR
(E.O. 13175 and Departmental policy) reflect any views or suggestions
The Department of the Interior strives provided by commenters, it would serve Fish and Wildlife Service
to strengthen its government-to- no purpose to provide an opportunity
government relationship with Indian for public comment on this rule. 50 CFR Part 11
tribes through a commitment to List of Subjects 43 CFR Part 3160 [Docket No. FWS–HQ–LE–2017–0001;
consultation with Indian tribes and FF09L00200–FX–LE18110900000]
recognition of their right to self- Administrative practice and
procedure; Government contracts; RIN 1018–BB97
governance and tribal sovereignty. We
have evaluated this rule under the Indians-lands; Mineral royalties; Oil and
gas exploration; Penalties; Public lands- Civil Penalties; 2017 Inflation
Department’s consultation policy and Adjustments for Civil Monetary
under the criteria in Executive Order mineral resources; Reporting and
recordkeeping requirements. Penalties
13175 and have determined that it has
no substantial direct effects on federally For the reasons given in the preamble, AGENCY: Fish and Wildlife Service,
recognized Indian tribes and that the BLM amends Chapter II of Title 43 Interior.
consultation under the Department’s of the Code of Federal Regulations as ACTION: Final rule.
tribal consultation policy is not follows:
required. SUMMARY: The U.S. Fish and Wildlife
PART 3160—ONSHORE OIL AND GAS Service (Service or we) is issuing this
I. Paperwork Reduction Act OPERATIONS final rule, in accordance with the
This rule does not contain Federal Civil Penalties Inflation
information collection requirements, ■ 1. The authority citation for part 3160 Adjustment Act Improvements Act of
and a submission to OMB under the is revised to read as follows: 2015 (Inflation Adjustment Act) and
Paperwork Reduction Act (44 U.S.C. Authority: 25 U.S.C. 396d and 2107; 30 Office of Management and Budget
3501 et seq.) is not required. We may U.S.C. 189, 306, 359, and 1751; 43 U.S.C. (OMB) guidance, to adjust for inflation
not conduct or sponsor, and you are not 1732(b), 1733, 1740; and Sec. 107, Pub. L. the statutory civil monetary penalties
required to respond to, a collection of 114–74, 129 Stat. 599, unless otherwise that may be assessed for violations of
information unless it displays a noted. Service-administered statutes and their
currently valid OMB control number. implementing regulations. We are
Subpart 3163—Noncompliance, required to adjust civil monetary
J. National Environmental Policy Act Assessments, and Penalties penalties annually for inflation
A detailed statement under the § 3163.2 [Amended] according to a formula specified in the
National Environmental Policy Act of Inflation Adjustment Act. This rule
1969 (NEPA) is not required because the ■ 2. In § 3163.2: replaces the previously issued amounts
rule is covered by a categorical ■ a. In paragraph (a), remove ‘‘$1,031’’ with the updated amounts after using
exclusion. This rule is excluded from and add in its place ‘‘$1,048’’. the 2017 inflation adjustment multiplier
the requirement to prepare a detailed ■ b. In paragraph (b), remove ‘‘$10,314’’ provided in the OMB guidance.
statement because it is a regulation of an and add in its place ‘‘$10,483’’.
DATES: This rule is effective January 19,
administrative nature. (For further ■ c. In paragraph (d), remove ‘‘$1,031’’
2017.
information see 43 CFR 46.210(i).) We and add in its place ‘‘$1,048’’.
ADDRESSES: This rule may be found on
have also determined that the rule does ■ d. In paragraph (e) introductory text,
the internet at www.regulations.gov in
not involve any of the extraordinary remove ‘‘$20,628’’ and add in its place
Docket No. FWS–HQ–LE–2017–0001.
circumstances listed in 43 CFR 46.215 ‘‘$20,965’’.
The previous rulemaking action related
that would require further analysis ■ e. In paragraph (f) introductory text,
to this rule and described below in
under NEPA. remove ‘‘$51,570’’ and add in its place
SUPPLEMENTARY INFORMATION may be
‘‘$52,414’’.
K. Effects on the Energy Supply (E.O. found at www.regulations.gov in Docket
■ f. In paragraph (g)(1), remove
13211) No. FWS–HQ–LE–2016–0045.
‘‘$1,031’’ each place that it occurs and
This rule is not a significant energy add in its place ‘‘$1,048’’; remove FOR FURTHER INFORMATION CONTACT: Paul
action under the definition in Executive ‘‘$10,314’’ and add in its place Beiriger, Special Agent in Charge,
Order 13211. Therefore, a Statement of ‘‘$10,483’’; remove ‘‘$2,063 and add in Branch of Investigations, U.S. Fish and
Energy Effects is not required. its place ‘‘$2,097’’; remove Wildlife Service, Office of Law
‘‘$20,628’’each place that it occurs and Enforcement, (703) 358–1949.
L. Administrative Procedure Act
add in its place ‘‘$20,965’’; remove SUPPLEMENTARY INFORMATION:
The BLM is promulgating this rule as ‘‘$51,570’’ and add in its place
a final rule because the Act expressly Background
‘‘$52,414’’.
directs us to do so. In accordance with ■ g. In paragraph (g)(2)(iii), remove The regulations in title 50 of the Code
the Act, agencies must adjust civil ‘‘$103’’ and add in its place ‘‘$105’’; of Federal Regulations at 50 CFR part 11
monetary penalties notwithstanding remove ‘‘$1,031’’ and add in its place provide uniform rules and procedures
Section 553 of the Administrative ‘‘$1,048’’; remove ‘‘$206’’ and add in its for the assessment of civil penalties
Procedure Act (APA) (see § 4(b)(2) of the place ‘‘$209’’; remove ‘‘$2,063’’ and add resulting from violations of certain laws
asabaliauskas on DSK3SPTVN1PROD with RULES
Act). This means that the notice and in its place ‘‘$2,097’’. and regulations enforced by the Service.
opportunity to comment procedures of On November 2, 2015, the President
the APA do not apply and are not Dated: January 10, 2017. signed into law the Federal Civil
required for agencies to issue Amanda C. Leiter, Penalties Inflation Adjustment Act
regulations implementing the annual Acting Assistant Secretary, Land and Improvements Act of 2015 (sec. 701 of
adjustment. In addition, since the Act Minerals Management. Pub. L. 114–74) (Inflation Adjustment
does not give the BLM any discretion to [FR Doc. 2017–00727 Filed 1–18–17; 8:45 am] Act). The Inflation Adjustment Act
vary the amount of the annual inflation BILLING CODE 4310–84–P requires Federal agencies to adjust the
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![Federal Register / Vol. 82, No. 12 / Thursday, January 19, 2017 / Rules and Regulations 6309
Maximum civil
Law Citation Type of violation monetary penalty
(2) Violations referred to in 16 U.S.C. 635
3373(a)(2).
(e) Marine Mammal Protection Act of 16 U.S.C. 1375 ..................................... Any violation .......................................... 25,409
1972.
(f) Recreational Hunting Safety Act of 16 U.S.C. 5202(b) ................................. (1) Violation involving use of force or 16,169
1994. violence or threatened use of force
or violence.
(2) Any other violation ........................... 8,084
(g) Rhinoceros and Tiger Conservation 16 U.S.C. 5305a(b)(2) ........................... Any violation .......................................... 17,688
Act of 1998.
(h) Wild Bird Conservation Act .............. 16 U.S.C. 4912(a)(1) ............................. (1) Violation of section 4910(a)(1), sec- 42,618
tion 4910(a)(2), or any permit issued
under section 4911.
(2) Violation of section 4910(a)(3) ........ 20,456
(3) Any other violation ........................... 853
Dated: January 10, 2017. ADDRESSES: Chief, Endangered Species Listing Species Under the Endangered
Michael J. Bean, Division, NMFS Office of Protected Species Act
Principal Deputy Assistant Secretary for Fish Resources (F/PR3), 1315 East West
We are responsible for determining
and Wildlife and Parks. Highway, Silver Spring, MD 20910.
whether species are threatened or
[FR Doc. 2017–00889 Filed 1–18–17; 8:45 am] FOR FURTHER INFORMATION CONTACT: endangered under the ESA (16 U.S.C.
BILLING CODE 4333–15–P Brendan Newell or Marta Nammack 1531 et seq.). To make this
NMFS, Office of Protected Resources determination, we consider first
(OPR), (301) 427–8403. whether a group of organisms
DEPARTMENT OF COMMERCE SUPPLEMENTARY INFORMATION: constitutes a ‘‘species’’ under the ESA,
then whether the status of the species
National Oceanic and Atmospheric Background qualifies it for listing as either
Administration On July 15, 2013, we received a threatened or endangered. Section 3 of
petition from WildEarth Guardians to the ESA defines a ‘‘species’’ to include
50 CFR Part 223 list 81 marine species or subpopulations ‘‘any subspecies of fish or wildlife or
as threatened or endangered under the plants, and any distinct population
[Docket No. 150211138–7024–02] ESA. This petition included species segment of any species of vertebrate fish
from many different taxonomic groups, or wildlife which interbreeds when
RIN 0648–XD771
and we prepared our 90-day findings in mature.’’
Endangered and Threatened Wildlife batches by taxonomic group. We found Section 3 of the ESA defines an
and Plants; Final Rule To List Two that the petitioned actions may be endangered species as ‘‘any species
Guitarfishes as Threatened Under the warranted for 24 of the species and 3 of which is in danger of extinction
Endangered Species Act the subpopulations and announced the throughout all or a significant portion of
initiation of status reviews for each of its range’’ and a threatened species as
AGENCY: National Marine Fisheries the 24 species and 3 subpopulations (78 one ‘‘which is likely to become an
Service (NMFS), National Oceanic and FR 63941, October 25, 2013; 78 FR endangered species within the
Atmospheric Administration (NOAA), 66675, November 6, 2013; 78 FR 69376, foreseeable future throughout all or a
Commerce. November 19, 2013; 79 FR 9880, significant portion of its range.’’ We
ACTION: Final rule. February 21, 2014; and 79 FR 10104, interpret an ‘‘endangered species’’ to be
February 24, 2014). On September 19, one that is presently in danger of
SUMMARY: We, NMFS, issue a final rule 2016, we published a proposed rule to extinction. A ‘‘threatened species,’’ on
to list two foreign marine guitarfish list the blackchin guitarfish (Rhinobatos the other hand, is not presently in
species under the Endangered Species cemiculus) and the common guitarfish danger of extinction, but is likely to
Act (ESA). We considered comments (Rhinobatos rhinobatos) as threated become so in the foreseeable future (that
submitted on the proposed listing rule species (81 FR 64094). We requested is, at a later time). In other words, the
and have determined that the blackchin public comment on information in the primary statutory difference between a
guitarfish (Rhinobatos cemiculus) and draft status review and proposed rule, threatened and endangered species is
common guitarfish (Rhinobatos and the comment period was open the timing of when a species may be in
rhinobatos) warrant listing as threatened through November 18, 2016. This final danger of extinction, either presently
species. We will not designate critical rule provides a discussion of the (endangered) or in the foreseeable future
habitat for either of these species information we received during the (threatened).
because the geographical areas occupied public comment period and our final When we consider whether a species
asabaliauskas on DSK3SPTVN1PROD with RULES
by these species are entirely outside determination on the petition to list the might qualify as threatened under the
U.S. jurisdiction, and we have not blackchin guitarfish and the common ESA, we must consider the meaning of
identified any unoccupied areas within guitarfish under the ESA. The status of the term ‘‘foreseeable future.’’ It is
U.S. jurisdiction that are currently the findings and relevant Federal appropriate to interpret ‘‘foreseeable
essential to the conservation of either of Register notices for the other 22 species future’’ as the horizon over which
these species. and 3 subpopulations can be found on predictions about the conservation
DATES: This final rule is effective our Web site at www.nmfs.noaa.gov/pr/ status of the species can be reasonably
February 21, 2017. species/petition81.htm. relied upon. The foreseeable future
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Document Created: 2018-02-01 15:15:34
Document Modified: 2018-02-01 15:15:34
| 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 | Final rule. | |
| Dates | This rule is effective January 19, 2017. | |
| Contact | Paul Beiriger, Special Agent in Charge, Branch of Investigations, U.S. Fish and Wildlife Service, Office of Law Enforcement, (703) 358-1949. | |
| FR Citation | 82 FR 6307 | |
| RIN Number | 1018-BB97 | |
| CFR Associated | Administrative Practice and Procedure; Exports; Fish; Imports; Penalties; Plants; Transportation and Wildlife |
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