83 FR 19180 - Civil Monetary Penalty Inflation Adjustment Rule
DEPARTMENT OF DEFENSE
Department of the Army, Corps of Engineers Federal Register Volume 83, Issue 85 (May 2, 2018)
Department of the Army, Corps of Engineers
Federal Register Volume 83, Issue 85 (May 2, 2018)
| Page Range | 19180-19184 | |
| FR Document | 2018-09316 |
[Federal Register Volume 83, Number 85 (Wednesday, May 2, 2018)] [Rules and Regulations] [Pages 19180-19184] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-09316] ----------------------------------------------------------------------- DEPARTMENT OF DEFENSE Department of the Army, Corps of Engineers 33 CFR Part 326 RIN 0710-AA77 Civil Monetary Penalty Inflation Adjustment Rule AGENCY: U.S. Army Corps of Engineers, Department of Defense. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The U.S. Army Corps of Engineers (Corps) is issuing this final rule to adjust its civil monetary penalties under the Clean Water Act (CWA) and the National Fishing Enhancement Act to account for inflation. This action is mandated by the Federal Civil Penalties Inflation Adjustment Act of 1990, as amended by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (Inflation Adjustment Act), which requires agencies to adjust the levels of civil monetary penalties with an initial ``catch-up'' adjustment followed by annual adjustments for inflation. The Inflation Adjustment Act prescribes a formula for adjusting statutory civil penalties to reflect inflation, maintain the deterrent effect of statutory civil penalties, and promote compliance with the law. Using the adjustment criteria provided in the December 15, 2017, Office of Management and Budget Memorandum regarding the ``Implementation of Penalty Inflation Adjustments for 2018, Pursuant to the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015'', the 2018 annual adjustment for inflation will increase the Class I civil penalty under Section 309 of the Clean Water Act to $21,394 per violation, and the maximum civil penalty increases to $53,484. The judicial civil penalty under Section 404(s) of the Clean Water Act increases to $53,484 per day for each violation. Under the National Fishing Enhancement Act, the Class I civil penalty increases to $23,426 per violation. DATES: This final rule is effective on May 2, 2018. FOR FURTHER INFORMATION CONTACT: Ms. Stacey M. Jensen at 202-761-5856 or by email at [email protected] or access the U.S. Army Corps of Engineers Regulatory Home Page at http://www.usace.army.mil/Missions/CivilWorks/RegulatoryProgramandPermits.aspx. SUPPLEMENTARY INFORMATION: Executive Summary The Corps is publishing this final rule to adjust its civil monetary penalties for inflation pursuant to the Inflation Adjustment Act. This law requires the Corps to publish annual adjustments for inflation. The purpose of the Inflation Adjustment Act is to maintain the deterrent effect of civil penalties by translating originally enacted statutory civil penalty amounts to today's dollars and rounding statutory civil penalties to the nearest dollar. The Inflation Adjustment Act required agencies to publish annual adjustments beginning no later than January 15 of each calendar year. Accordingly, the Corps is providing the second annual adjustment effective May 2, 2018, in this final rule. The rule will apply prospectively, to penalty assessments beginning on its effective date. Subsequently, the Corps intends to continue to publish annual adjustments as required by the Inflation Adjustment Act, no later than January 15 of each calendar year. The Inflation Adjustment Act does not require agencies to implement the required adjustments through a notice and comment process unless proposing an adjustment of less than the amount otherwise required, and the Corps is not exercising any discretion it may have to make a lesser adjustment. For the annual adjustments, the Inflation Adjustment Act provides a clear formula for adjustment of the civil penalties, and the Corps has no discretion to vary the amount of the adjustment to reflect any views or suggestions provided by commenters. The Inflation Adjustment Act further provides that the increased penalty levels apply to penalties assessed after the effective date of the increase. For these reasons, the Corps finds that notice and comment would be impracticable and unnecessary in this situation and contrary to the language of the Inflation Adjustment Act. Section 4 of the Inflation Adjustment Act directs federal agencies to publish annual penalty inflation adjustments. In accordance with Section 553 of the Administrative Procedures Act (APA), most rules are subject to notice and comment and are effective no earlier than 30 days after publication in the Federal Register. Section 4(b)(2) of the Inflation Adjustment Act further provides that each agency shall make the annual inflation adjustments ``notwithstanding section 553'' of the APA. According to the December 2017 OMB guidance issued to Federal agencies on the implementation of the 2018 annual adjustment, the phrase ``notwithstanding section 553'' means that ``the public procedure the APA generally requires--notice, an opportunity for comment, and a delay in effective date--is not required for agencies to issue regulations implementing the annual adjustment.'' Consistent with the language of the Inflation Adjustment Act and OMB's implementation guidance, this rule is not subject to notice and opportunity for public comment. Background On August 3, 2011, the Deputy Secretary of Defense delegated to the Secretary of the Army the authority and responsibility to adjust penalties administered by the U.S. Army Corps of Engineers. On August 29, 2011, the Secretary of the Army delegated that authority and responsibility to the Assistant Secretary of the Army for Civil Works. [[Page 19181]] On November 2, 2015, the President signed into law the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, Public Law 114-74, 701 (Inflation Adjustment Act), which further amended the Federal Civil Penalties Inflation Adjustment Act of 1990 as previously amended by the 1996 Debt Collection Improvement Act (DCIA; collectively, ``prior inflation adjustment Acts''), to improve the effectiveness of civil monetary penalties and to maintain their deterrent effect. The Inflation Adjustment Act requires agencies to do the following: (1) Adjust the level of civil monetary penalties with an initial ``catch-up'' adjustment, through a final rule to be published by July 1, 2016; and (2) beginning no later than January 15, 2017, make subsequent annual adjustments for inflation. The Inflation Adjustment Act does not alter an agency's statutory authority, to the extent it exists, to assess penalties below the maximum level. The final rule implementing the initial ``catch-up'' adjustment mandated by the Inflation Adjustment Act as well as the 2017 annual inflation adjustment mandated by the Act was effective on December 12, 2017. This final rule fulfills the requirement for the 2018 annual inflation adjustment and is effective on May 2, 2018. The Inflation Adjustment Act amends prior inflation adjustment Acts by substantially revising the method of calculating inflation adjustments. Prior inflation adjustment Acts required adjustments to civil penalties to be rounded significantly. For example, a penalty increase that was greater than $1,000, but less than or equal to $10,000, would be rounded to the nearest multiple of $1,000. While this allowed penalties to be kept at round numbers, it meant that agencies often would not increase penalties at all if the inflation factor was not large enough. Furthermore, increases to penalties were capped at 10 percent, which meant that longer periods without an inflation adjustment could cause a penalty to rapidly lose value in real terms. Over time, this formula caused agency civil penalties to lose value relative to total inflation, thereby undermining Congress' original purpose in enacting statutory civil monetary penalties to be a deterrent and to promote compliance with the law. The Inflation Adjustment Act has removed these rounding rules. Penalties now are simply rounded to the nearest dollar. This rounding ensures that penalties will be increased each year to more effectively keep up with inflation. The Inflation Adjustment Act required a ``catch-up'' adjustment that reset the inflation calculations by excluding prior inflationary adjustments under prior inflation adjustment Acts, and subsequent, annual adjustments to all civil penalties under the laws implemented by that agency. With this rule, the new statutory maximum penalty levels listed in Table 1 will apply to all statutory civil penalties assessed on or after the effective date of this rule. Table 1 shows the calculation of the 2018 annual inflation adjustment based on the guidance provided by OMB (see December 15, 2017, Memorandum for the Heads of Executive Departments and Agencies, from Mick Mulvaney, Director, OMB, Subject: Implementation of Penalty Inflation Adjustments for 2018, Pursuant to the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015). The OMB provided to agencies the cost-of-living adjustment multiplier for 2018, based on the CPI-U for the month of October 2017, not seasonally adjusted, which is 1.02041. Agencies are to adjust ``the maximum civil monetary penalty or the range of minimum and maximum civil monetary penalties, as applicable, for each civil monetary penalty by the cost-of-living adjustment.'' For 2018, agencies multiply each applicable penalty by the multiplier, 1.02041, and round to the nearest dollar. The multiplier should be applied to the most recent penalty amount, i.e., the one that includes the initial catch-up adjustment mandated by the Inflation Adjustment Act as well as the 2017 annual inflation adjustment. Column (1) contains the United States Code citations for the penalty statute. Column (2) contains the dollar amount most recently established by law (other than prior inflation adjustment Acts) for each civil monetary penalty. Column (3) in Table 1 sets out the penalty levels which were in effect prior to this rulemaking. Column (4) in Table 1 sets out the 2018 Inflation Adjustment Multiplier while Column (5) sets out the new penalty levels which take effect upon publication of this final rule in the Federal Register. Table 1 ---------------------------------------------------------------------------------------------------------------- Current civil monetary penalty Current CMP amount 2018 inflation CMP amount as of Citation (CMP) amount in effect prior to adjustment May 2, 2018 established by law this rulemaking multiplier ---------------------------------------------------------------------------------------------------------------- CWA, 33 U.S.C. 1319(g)(2)(A)..... $10,000 per $20,966 per 1.02041 $21,394 per violation, with a violation, with a violation, with a maximum of $25,000. maximum of $52,414. maximum of $53,484. CWA, 33 U.S.C. 1344(s)(4)........ Maximum of $25,000 Maximum of $52,414 1.02041 Maximum of $53,484 per day for each per day for each per day for each violation. violation. violation. National Fishing Enhancement Act, Maximum of $10,000 Maximum of $22,957 1.02041 Maximum of $23,426 33 U.S.C. 2104(e). per violation. per violation. per violation. ---------------------------------------------------------------------------------------------------------------- In summary, under this final rule the minimum Class I civil penalty for violations under CWA Section 309(g)(2)(A), 33 U.S.C. 1319(g)(2)A), will increase from $20,966 per violation to $21,394, and the maximum penalty will increase from $52,414 per violation to $53,484. Judicially-imposed civil penalties under CWA Section 404(s)(4), 33 U.S.C. 1344(s)(4), will increase from a maximum of $52,414 per day for each violation to $53,484. Finally, the Class I civil penalty for violations of Section 205(e) of the National Fishing Enhancement Act, 33 U.S.C. 2104(e), will increase from a maximum of $22,957 per violation to $23,426. This rule will not result in any additional costs to implement the Corps Regulatory Program because the Class I civil penalties and judicial civil penalties have been in effect since 1990 when the Corps first promulgated regulations regarding such penalties (Class I civil penalties were first established by statute in 1987). This rule merely adjusts the value of current statutory civil penalties to reflect and keep pace with the levels originally set by Congress when the statutes were enacted, as required by the Inflation Adjustment Act. This rule will result in additional costs to members of the regulated public who do not comply with the terms and conditions of issued Department of the Army permits and either receive a final Class I civil administrative penalty order from a District Engineer or are subject to a [[Page 19182]] judicial civil penalty. The rule increases the minimum and maximum penalty amounts to $21,394 and $53,484 for Class I civil administrative penalties under the Clean Water Act, to a maximum of $53,484 for judicially-imposed civil penalties under the Clean Water Act, and to a maximum of $23,426 for Class I civil administrative penalties under the National Fishing Enhancement Act. The benefit of this rule will be to improve the effectiveness of Corps civil monetary penalties by maintaining their deterrent effect and promoting compliance with the law. Administrative Requirements Plain Language In compliance with the principles in the President's Memorandum of June 1, 1998, regarding plain language, this preamble is written using plain language. The use of ``we'' in this notice refers to the Corps and the use of ``you'' refers to the reader. We have also used the active voice, short sentences, and common everyday terms except for necessary technical terms. Paperwork Reduction Act This final rule will not impose any new information collection burden under the provisions of the Paperwork Production Act (44 U.S.C. 3501 et seq.). This action merely increases the level of statutory civil penalties that could be imposed in the context of a federal civil administrative enforcement action or civil judicial case for violations of Corps-administered statutes and their implementing regulations. Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a Federal agency. This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. For the Corps regulatory program under Section 10 of the Rivers and Harbors Act of 1899, Section 404 of the Clean Water Act, and Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972, the current OMB approval number for information requirements is maintained by the Corps of Engineers (OMB approval number 0710-0003). However, there are no new approval or application processes required as a result of this rulemaking that necessitate a new Information Collection Request (ICR). The regulation would not impose reporting or recordkeeping requirements. Therefore, this action is not subject to the Paperwork Reduction Act. Executive Order 12866 and Executive Order 13563, ``Improving Regulation and Regulatory Review'' The OMB has not designated this final rule a ``significant regulatory action'' under Executive Order 12866. Accordingly, OMB has not reviewed this rule. Moreover, this final rule makes nondiscretionary adjustments to existing civil monetary penalties in accordance with the Inflation Adjustment Act and OMB guidance. The Corps, therefore, did not consider alternatives and does not have the flexibility to alter the adjustments of the civil monetary penalty amounts as provided in this rule. To the extent this rule increases civil monetary penalties, it would result in an increase in transfers from persons or entities assessed a civil monetary penalty to the government. Executive Order 13132 Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August 10, 1999), requires the Corps to develop an accountable process to ensure ``meaningful and timely input by State and local officials in the development of regulatory policies that have Federalism implications.'' The phrase ``policies that have Federalism implications'' is defined in the Executive Order to include regulations that have ``substantial direct effects 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.'' This rule does not have Federalism implications. This nondiscretionary action is required by the Inflation Adjustment Act and will have no substantial direct effects on the States, on the relationship between the Federal government and the States, or on the distribution of power and responsibilities among the various levels of government. Therefore, Executive Order 13132 does not apply to this rule. Regulatory Flexibility Act (RFA), as Amended by the Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA), 5 U.S.C. 601 et seq. The RFA generally requires an agency to prepare a regulatory flexibility analysis of any rule subject to notice-and-comment rulemaking requirements under the Administrative Procedure Act or any other statute unless the agency certifies that the rule will not have a significant economic impact on a substantial number of small entities. Small entities include small businesses, small organizations and small governmental jurisdictions. The Regulatory Flexibility Act applies only to rules subject to notice-and-comment rulemaking requirements under the Administrative Procedure Act, 5 U.S.C. 553, or any other statute. See 5 U.S.C. 601- 612. The Regulatory Flexibility Act does not apply to this final rule because a notice-and-comment rulemaking process is not required for the reasons stated above. Unfunded Mandates Reform Act Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public Law 104-4, establishes requirements for Federal agencies to assess the effects of their regulatory actions on State, local, and Tribal governments and the private sector. Under Section 202 of the UMRA, the agencies generally must prepare a written statement, including a cost- benefit analysis, for proposed and final rules with ``Federal mandates'' that may result in expenditures to State, local, and Tribal governments, in the aggregate, or to the private sector, of $100 million or more in any one year. Before promulgating a rule for which a written statement is needed, section 205 of the UMRA generally requires the agencies to identify and consider a reasonable number of regulatory alternatives and adopt the least costly, most cost-effective, or least burdensome alternative that achieves the objectives of the rule. The provisions of section 205 do not apply when they are inconsistent with applicable law. Moreover, section 205 allows the Corps to adopt an alternative other than the least costly, most cost-effective, or least burdensome alternative if the agency publishes with the final rule an explanation why that alternative was not adopted. Before the Corps establishes any regulatory requirements that may significantly or uniquely affect small governments, including Tribal governments, they must have developed under Section 203 of the UMRA a small [[Page 19183]] government agency plan. The plan must provide for notifying potentially affected small governments, enabling officials of affected small governments to have meaningful and timely input in the development of regulatory proposals with significant Federal intergovernmental mandates, and informing, educating, and advising small governments on compliance with the regulatory requirements. We have determined that this final rule does not impose new substantive requirements and therefore does not contain a Federal mandate that may result in expenditures of $100 million or more for State, local, and Tribal governments, in the aggregate, or the private sector in any one year. Therefore, this rule is not subject to the requirements of Sections 202 and 205 of the UMRA. For the same reasons, we have determined that this final rule contains no regulatory requirements that might significantly or uniquely affect small governments. Therefore, this final rule is not subject to the requirements of Section 203 of UMRA. Therefore, no actions are deemed necessary under the provisions of the Unfunded Mandates Reform Act of 1995. National Technology Transfer and Advancement Act Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (NTTAA), Public Law 104-113, section 12(d) (15 U.S.C. 272 note) directs us to use voluntary consensus standards in our regulatory activities, unless to do so would be inconsistent with applicable law or otherwise impractical. Voluntary consensus standards are technical standards (e.g., materials specifications, test methods, sampling procedures, and business practices) that are developed or adopted by voluntary consensus standards bodies. The NTTAA directs us to provide Congress, through OMB, explanations when we decide not to use available and applicable voluntary consensus standards. This rule does not involve technical standards. Therefore, we did not consider the use of any voluntary consensus standards. Executive Order 13045 Executive Order 13045, ``Protection of Children from Environmental Health Risks and Safety Risks'' (62 FR 19885, April 23, 1997), applies to any rule that: (1) Is determined to be ``economically significant'' as defined under Executive Order 12866, and (2) concerns an environmental health or safety risk that we have reason to believe may have a disproportionate effect on children. If the regulatory action meets both criteria, we must evaluate the environmental health or safety effects of the rule on children, and explain why the regulation is preferable to other potentially effective and reasonably feasible alternatives. This rule is not subject to this Executive Order because it is not economically significant as defined in Executive Order 12866. In addition, it does not concern an environmental or safety risk that we have reason to believe may have a disproportionate effect on children. Executive Order 13175 Executive Order 13175, entitled ``Consultation and Coordination with Indian Tribal Governments'' (65 FR 67249, November 6, 2000), requires agencies to develop an accountable process to ensure ``meaningful and timely input by tribal officials in the development of regulatory policies that have tribal implications.'' The phrase ``policies that have tribal implications'' is defined in the Executive Order to include regulations that have ``substantial direct effects on one or more Indian tribes, on the relationship between the Federal government and the Indian tribes, or on the distribution of power and responsibilities between the Federal government and Indian tribes.'' This rule does not have tribal implications. The rule imposes no new substantive obligations on tribal governments but instead merely adjusts the value of current statutory civil monetary penalties to reflect and keep pace with the levels originally set by Congress when the statutes were enacted. The calculation of the increases is formula- driven and prescribed by statute and OMB guidance, and the Corps has no discretion to vary the amount of the adjustment to reflect any views or suggestions provided by commenters. Therefore, Executive Order 13175 does not apply to this rule. Environmental Documentation The Corps prepares appropriate environmental documentation, including Environmental Impact Statements when required, for all permit decisions. Therefore, environmental documentation under the National Environmental Policy Act is not required for this rule. This final rule does not constitute a major Federal action significantly affecting the quality of the human environment because it merely increases the value of statutory civil monetary penalties to reflect and keep pace with the levels originally set by Congress when the statutes were enacted. The calculation of the increases is formula-driven and prescribed by statute and OMB guidance, and the Corps has no discretion to vary the amount of the adjustment. Appropriate environmental documentation has been, or will be, prepared for each permit action that is subject to the civil penalty process. Therefore, environmental documentation under the National Environmental Policy Act (NEPA) is not required for this final rule. Congressional Review Act The Congressional Review Act, 5 U.S.C. 801 et seq., as amended by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. We will submit a report containing this rule and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States. A major rule cannot take effect until 60 days after it is published in the Federal Register. This rule is not a ``major rule'' as defined by 5 U.S.C. 804(2). Executive Order 12898 Executive Order 12898 requires that, to the greatest extent practicable and permitted by law, each Federal agency must make achieving environmental justice part of its mission. Executive Order 12898 provides that each Federal agency conduct its programs, policies, and activities that substantially affect human health or the environment in a manner that ensures that such programs, policies, and activities do not have the effect of excluding persons (including populations) from participation in, denying persons (including populations) the benefits of, or subjecting persons (including populations) to discrimination under such programs, policies, and activities because of their race, color, or national origin. This rule is not expected to negatively impact any community, and therefore is not expected to cause any disproportionately high and adverse impacts to minority or low-income communities. This rule relates solely to the adjustments to civil penalties to account for inflation. Executive Order 13211 This rule is not a ``significant energy action'' as defined in Executive Order 13211, ``Actions Concerning Regulations That Significantly Affect Energy Supply, [[Page 19184]] Distribution, or Use'' (66 FR 28355, May 22, 2001) because it is not likely to have a significant adverse effect on the supply, distribution, or use of energy. This rule relates only to the adjustments to civil penalties to account for inflation. This rule is consistent with current agency practice, does not impose new substantive requirements, and therefore will not have a significant adverse effect on the supply, distribution, or use of energy. List of Subjects in 33 CFR Part 326 Administrative practice and procedure, Intergovernmental relations, Investigations, Law enforcement, Navigation (water), Water pollution control, Waterways. Dated: April 19, 2018. R.D. James, Assistant Secretary of the Army (Civil Works). For the reasons set forth in the preamble, the Corps amends 33 CFR part 326 as follows: PART 326--ENFORCEMENT 0 1. The authority citation for part 326 continues to read as follows: Authority: 33 U.S.C. 401 et seq.; 33 U.S.C. 1344; 33 U.S.C. 1413; 33 U.S.C. 2104; 33 U.S.C. 1319; 28 U.S.C. 2461 note. 0 2. Amend Sec. 326.6 by revising paragraph (a)(1) to read as follows: Sec. 326.6 Class I administrative penalties. (a) Introduction. (1) This section sets forth procedures for initiation and administration of Class I administrative penalty orders under Section 309(g) of the Clean Water Act, judicially-imposed civil penalties under Section 404(s) of the Clean Water Act, and Section 205 of the National Fishing Enhancement Act. Under Section 309(g)(2)(A) of the Clean Water Act, Class I civil penalties may not exceed $21,394 per violation, except that the maximum amount of any Class I civil penalty shall not exceed $53,484. Under Section 404(s)(4) of the Clean Water Act, judicially-imposed civil penalties may not exceed $53,484 per day for each violation. Under Section 205(e) of the National Fishing Enhancement Act, penalties for violations of permits issued in accordance with that Act shall not exceed $23,426 for each violation. ------------------------------------------------------------------------ Statutory civil monetary penalty amount for violations Environmental statute and U.S. Code that occurred after November 2, citation 2015, and are assessed on or after May 2, 2018 ------------------------------------------------------------------------ Clean Water Act (CWA), Section $21,394 per violation, with a 309(g)(2)(A), 33 U.S.C. 1319(g)(2)(A). maximum of $53,484. CWA, Section 404(s)(4), 33 U.S.C. Maximum of $53,484 per day for 1344(s)(4). each violation. National Fishing Enhancement Act, Maximum of $23,426 per Section 205(e), 33 U.S.C. 2104(e). violation. ------------------------------------------------------------------------ * * * * * [FR Doc. 2018-09316 Filed 5-1-18; 8:45 am] BILLING CODE 3720-58-P
![19180 Federal Register / Vol. 83, No. 85 / Wednesday, May 2, 2018 / Rules and Regulations
notice of enforcement because August Federal Civil Penalties Inflation intends to continue to publish annual
11, 2018 is the second Saturday in Adjustment Act of 1990, as amended by adjustments as required by the Inflation
August. the Federal Civil Penalties Inflation Adjustment Act, no later than January
Coast Guard regulations for recurring Adjustment Act Improvements Act of 15 of each calendar year.
marine events and regattas within 2015 (Inflation Adjustment Act), which The Inflation Adjustment Act does
Captain of the Port Delaware Bay Zone, requires agencies to adjust the levels of not require agencies to implement the
appear in § 100.501, Coast Guard Sector civil monetary penalties with an initial required adjustments through a notice
Delaware Bay, COTP Zone which ‘‘catch-up’’ adjustment followed by and comment process unless proposing
specifies the location of the regulated annual adjustments for inflation. The an adjustment of less than the amount
area for this regulated area as all waters Inflation Adjustment Act prescribes a otherwise required, and the Corps is not
of the New Jersey ICW bounded by a formula for adjusting statutory civil exercising any discretion it may have to
line connecting the following points: penalties to reflect inflation, maintain make a lesser adjustment. For the
Latitude 39°21′20″ N, longitude the deterrent effect of statutory civil annual adjustments, the Inflation
074°27′18″ W, thence northeast to penalties, and promote compliance with Adjustment Act provides a clear
latitude 39°21′27.47″ N, longitude the law. Using the adjustment criteria formula for adjustment of the civil
074°27′10.31″ W, thence northeast to provided in the December 15, 2017, penalties, and the Corps has no
latitude 39°21′33″ N, longitude Office of Management and Budget discretion to vary the amount of the
074°26′57″ W, thence northwest to Memorandum regarding the adjustment to reflect any views or
latitude 39°21′37″ N, longitude ‘‘Implementation of Penalty Inflation suggestions provided by commenters.
074°27′03″ W, thence southwest to Adjustments for 2018, Pursuant to the The Inflation Adjustment Act further
latitude 39°21′29.88″ N, longitude Federal Civil Penalties Inflation provides that the increased penalty
074°27′14.31″ W, thence south to Adjustment Act Improvements Act of levels apply to penalties assessed after
latitude 39°21′19″ N, longitude 2015’’, the 2018 annual adjustment for the effective date of the increase. For
074°27′22″ W, thence east to latitude inflation will increase the Class I civil these reasons, the Corps finds that
39°21′18.14″ N, longitude 074°27′19.25″ penalty under Section 309 of the Clean notice and comment would be
W, thence north to point of origin, near Water Act to $21,394 per violation, and impracticable and unnecessary in this
Atlantic City, NJ. the maximum civil penalty increases to situation and contrary to the language of
The Captain of the Port, Delaware Bay $53,484. The judicial civil penalty the Inflation Adjustment Act.
will be enforcing the Special Local under Section 404(s) of the Clean Water Section 4 of the Inflation Adjustment
Regulation as specified in § 100.501(c). Act increases to $53,484 per day for Act directs federal agencies to publish
This notice of enforcement is issued each violation. Under the National annual penalty inflation adjustments. In
under authority of 33 CFR 100.501 and Fishing Enhancement Act, the Class I accordance with Section 553 of the
33 U.S.C. 1233. The Coast Guard will civil penalty increases to $23,426 per Administrative Procedures Act (APA),
provide the maritime community with violation. most rules are subject to notice and
advanced notice of enforcement of comment and are effective no earlier
DATES: This final rule is effective on
regulation by Broadcast Notice to than 30 days after publication in the
May 2, 2018.
Mariners (BNM), Local Notice to Federal Register. Section 4(b)(2) of the
FOR FURTHER INFORMATION CONTACT: Ms.
Mariners and on-scene notice by Inflation Adjustment Act further
Stacey M. Jensen at 202–761–5856 or by provides that each agency shall make
designated representative.
email at stacey.m.jensen@ the annual inflation adjustments
Dated: April 26, 2018. usace.army.mil or access the U.S. Army ‘‘notwithstanding section 553’’ of the
Scott E. Anderson, Corps of Engineers Regulatory Home APA. According to the December 2017
Captain, U.S. Coast Guard, Captain of the Page at http://www.usace.army.mil/ OMB guidance issued to Federal
Port Delaware Bay. Missions/CivilWorks/RegulatoryProgram agencies on the implementation of the
[FR Doc. 2018–09327 Filed 5–1–18; 8:45 am] andPermits.aspx. 2018 annual adjustment, the phrase
BILLING CODE 9110–04–P SUPPLEMENTARY INFORMATION: ‘‘notwithstanding section 553’’ means
that ‘‘the public procedure the APA
Executive Summary
generally requires—notice, an
DEPARTMENT OF DEFENSE The Corps is publishing this final rule opportunity for comment, and a delay in
to adjust its civil monetary penalties for effective date—is not required for
Department of the Army, Corps of
inflation pursuant to the Inflation agencies to issue regulations
Engineers
Adjustment Act. This law requires the implementing the annual adjustment.’’
Corps to publish annual adjustments for Consistent with the language of the
33 CFR Part 326
inflation. The purpose of the Inflation Inflation Adjustment Act and OMB’s
RIN 0710–AA77 Adjustment Act is to maintain the implementation guidance, this rule is
deterrent effect of civil penalties by not subject to notice and opportunity for
Civil Monetary Penalty Inflation translating originally enacted statutory public comment.
Adjustment Rule civil penalty amounts to today’s dollars
and rounding statutory civil penalties to Background
AGENCY: U.S. Army Corps of Engineers,
Department of Defense. the nearest dollar. The Inflation On August 3, 2011, the Deputy
ACTION: Final rule. Adjustment Act required agencies to Secretary of Defense delegated to the
publish annual adjustments beginning Secretary of the Army the authority and
SUMMARY: The U.S. Army Corps of no later than January 15 of each responsibility to adjust penalties
daltland on DSKBBV9HB2PROD with RULES
Engineers (Corps) is issuing this final calendar year. Accordingly, the Corps is administered by the U.S. Army Corps of
rule to adjust its civil monetary providing the second annual adjustment Engineers. On August 29, 2011, the
penalties under the Clean Water Act effective May 2, 2018, in this final rule. Secretary of the Army delegated that
(CWA) and the National Fishing The rule will apply prospectively, to authority and responsibility to the
Enhancement Act to account for penalty assessments beginning on its Assistant Secretary of the Army for Civil
inflation. This action is mandated by the effective date. Subsequently, the Corps Works.
VerDate Sep<11>2014 16:16 May 01, 2018 Jkt 244001 PO 00000 Frm 00022 Fmt 4700 Sfmt 4700 E:\FR\FM\02MYR1.SGM 02MYR1](https://thefederalregister.org/doc/83_FR_19265/page/1.svg)
![19184 Federal Register / Vol. 83, No. 85 / Wednesday, May 2, 2018 / Rules and Regulations
Distribution, or Use’’ (66 FR 28355, May Dated: April 19, 2018. administration of Class I administrative
22, 2001) because it is not likely to have R.D. James, penalty orders under Section 309(g) of
a significant adverse effect on the Assistant Secretary of the Army (Civil Works). the Clean Water Act, judicially-imposed
supply, distribution, or use of energy. civil penalties under Section 404(s) of
For the reasons set forth in the the Clean Water Act, and Section 205 of
This rule relates only to the adjustments
preamble, the Corps amends 33 CFR the National Fishing Enhancement Act.
to civil penalties to account for
part 326 as follows: Under Section 309(g)(2)(A) of the Clean
inflation. This rule is consistent with
current agency practice, does not PART 326—ENFORCEMENT Water Act, Class I civil penalties may
impose new substantive requirements, not exceed $21,394 per violation, except
and therefore will not have a significant ■ 1. The authority citation for part 326 that the maximum amount of any Class
adverse effect on the supply, continues to read as follows: I civil penalty shall not exceed $53,484.
distribution, or use of energy. Authority: 33 U.S.C. 401 et seq.; 33 U.S.C. Under Section 404(s)(4) of the Clean
1344; 33 U.S.C. 1413; 33 U.S.C. 2104; 33 Water Act, judicially-imposed civil
List of Subjects in 33 CFR Part 326 U.S.C. 1319; 28 U.S.C. 2461 note. penalties may not exceed $53,484 per
■ 2. Amend § 326.6 by revising day for each violation. Under Section
Administrative practice and
paragraph (a)(1) to read as follows: 205(e) of the National Fishing
procedure, Intergovernmental relations, Enhancement Act, penalties for
Investigations, Law enforcement, § 326.6 Class I administrative penalties. violations of permits issued in
Navigation (water), Water pollution (a) Introduction. (1) This section sets accordance with that Act shall not
control, Waterways. forth procedures for initiation and exceed $23,426 for each violation.
Statutory civil monetary penalty amount for violations that occurred
Environmental statute and U.S. Code citation after November 2, 2015, and are assessed on or after May 2, 2018
Clean Water Act (CWA), Section 309(g)(2)(A), 33 U.S.C. 1319(g)(2)(A) $21,394 per violation, with a maximum of $53,484.
CWA, Section 404(s)(4), 33 U.S.C. 1344(s)(4) ........................................ Maximum of $53,484 per day for each violation.
National Fishing Enhancement Act, Section 205(e), 33 U.S.C. 2104(e) Maximum of $23,426 per violation.
* * * * * (MOAs), each of which constitutes the and via electronic mail at bloeth.mark@
[FR Doc. 2018–09316 Filed 5–1–18; 8:45 am] mechanism for the transfer of authority epa.gov.
BILLING CODE 3720–58–P from the EPA to each respective air SUPPLEMENTARY INFORMATION:
pollution control agency. The MOAs
and the corresponding delegations of I. Background
ENVIRONMENTAL PROTECTION authority were effective upon signature Section 129 of the Clean Air Act (the
AGENCY by the Regional Administrator on April ‘‘CAA’’ or ‘‘Act’’), titled ‘‘Solid Waste
2, 2018. The MOAs delineate policies, Combustion,’’ requires the EPA to
40 CFR Part 62 responsibilities, and procedures by develop and adopt standards for solid
which the Federal plan will be waste incineration units pursuant to
[EPA–R04–OAR–2018–0119; FRL–9977–
22—Region 4]
administered and enforced by the sections 111(d) and 129 of the Act. On
NCDEQ and WNCRAQA, respectively, March 21, 2011, the EPA promulgated
Delegation of Authority to North as well as the authorities retained by the new source performance standards
Carolina and the Western North EPA. (NSPS) and emissions guidelines (EG)
Carolina Regional Air Quality Agency DATES: This rule is effective on June 1, for SSI units located at wastewater
of Federal Plan for Existing Sewage 2018. treatment facilities designed to treat
Sludge Incineration Units domestic sewage sludge. See 76 FR
ADDRESSES: The EPA has established a
AGENCY: Environmental Protection 15372. Codified at 40 CFR part 60,
docket for this action under Docket
Agency (EPA). subparts LLLL and MMMM, these final
Identification No. EPA–R04–OAR–
rules set limits for nine pollutants under
ACTION: Final rule. 2018–0119. The index to the docket for
section 129 of the CAA: Cadmium (Cd),
this action is available electronically at
SUMMARY: The EPA is providing notice carbon monoxide (CO), hydrogen
www.regulations.gov and in hard copy
of and is codifying its prior approval of chloride (HCl), lead (Pb), mercury (Hg),
at EPA Region 4, 61 Forsyth St. SW,
requests submitted by the North nitrogen oxides (NOX), particulate
Atlanta, Georgia. While all documents
Carolina Department of Environmental matter (PM), polychlorinated dibenzo-p-
in the docket are listed in the index,
Quality (NCDEQ), through its Division dioxins and polychlorinated
some information may be publicly
of Air Quality, and the Western North dibenzofurans (PCDDs/PCFDs), and
available only at the hard copy location
Carolina Regional Air Quality Agency sulfur dioxide (SO2). The EG apply to
(e.g., copyrighted material), and some
(WNCRAQA) for delegation of authority existing SSI units, which are those units
may not be publicly available at either
to implement and enforce the Federal that commenced construction on or
location (e.g., confidential business
plan for existing affected Sewage Sludge before October 14, 2010. See 40 CFR
information).
Incineration (SSI) units. The Federal 60.5060.
plan establishes emission limits and FOR FURTHER INFORMATION CONTACT: CAA section 129 also requires each
daltland on DSKBBV9HB2PROD with RULES
monitoring, operating, and Mark Bloeth, Air, Pesticides and Toxics state in which SSI units are operating to
recordkeeping requirements for SSI Management Division, U.S. submit a plan to implement and enforce
units constructed on or before October Environmental Protection Agency the EG with respect to such units. State
14, 2010. NCDEQ and WNCRAQA Region 4, 61 Forsyth Street SW, Atlanta, plan requirements must be ‘‘at least as
representatives have signed separate but Georgia, 30303–8960. Mr. Bloeth can be protective’’ as the EG and become
similar Memoranda of Agreement reached via telephone at (404) 562–9013 federally enforceable upon approval by
VerDate Sep<11>2014 16:16 May 01, 2018 Jkt 244001 PO 00000 Frm 00026 Fmt 4700 Sfmt 4700 E:\FR\FM\02MYR1.SGM 02MYR1](https://thefederalregister.org/doc/83_FR_19265/page/5.svg)
Document Created: 2018-05-02 00:49:24
Document Modified: 2018-05-02 00:49:24
| 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 final rule is effective on May 2, 2018. | |
| Contact | Ms. Stacey M. Jensen at 202-761-5856 or by email at [email protected] or access the U.S. Army Corps of Engineers Regulatory Home Page at http://www.usace.army.mil/ Missions/CivilWorks/RegulatoryProgramandPermits.aspx. | |
| FR Citation | 83 FR 19180 | |
| RIN Number | 0710-AA77 | |
| CFR Associated | Administrative Practice and Procedure; Intergovernmental Relations; Investigations; Law Enforcement; Navigation (water); Water Pollution Control and Waterways |
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