83 FR 4151 - Civil Penalties Inflation Adjustments

DEPARTMENT OF THE INTERIOR
Office of the Secretary of the Interior

Federal Register Volume 83, Issue 20 (January 30, 2018)

Page Range		4151-4152
FR Document		2018-01680

This rule revises U.S. Department of the Interior regulations implementing the Native American Graves Protection and Repatriation Act to provide for annual adjustments of civil penalties to account for inflation under the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 and Office of Management and Budget guidance. The purpose of these adjustments is to maintain the deterrent effect of civil penalties and to further the policy goals of the underlying statutes.

Federal Register, Volume 83 Issue 20 (Tuesday, January 30, 2018)

[Federal Register Volume 83, Number 20 (Tuesday, January 30, 2018)]
[Rules and Regulations]
[Pages 4151-4152]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2018-01680]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

Office of the Secretary of the Interior

43 CFR Part 10

[NPS-WASO-NAGPRA-24780; PPWOVPADU0/PPMPRLE1Y.Y00000]
RIN 1024-AE40

Civil Penalties Inflation Adjustments

AGENCY: Office of the Secretary, Interior.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This rule revises U.S. Department of the Interior regulations
implementing the Native American Graves Protection and Repatriation Act
to provide for annual adjustments of civil penalties to account for
inflation under the Federal Civil Penalties Inflation Adjustment Act
Improvements Act of 2015 and Office of Management and Budget guidance.
The purpose of these adjustments is to maintain the deterrent effect of
civil penalties and to further the policy goals of the underlying
statutes.

DATES: This rule is effective on January 30, 2018.

FOR FURTHER INFORMATION CONTACT: Melanie O'Brien, Manager, National
NAGPRA Program, National Park Service, 1849 C Street NW, Washington, DC
20240.

SUPPLEMENTARY INFORMATION:

I. Background

On November 2, 2015, the President signed into law the Federal
Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (Sec.
701 of Pub. L. 114-74) (``the Act''). The Act requires Federal agencies
to adjust the level of civil monetary penalties with an initial
``catch-up'' adjustment through rulemaking and then make subsequent
annual adjustments for inflation no later than January 15 of each year.

II. Calculation of Annual Adjustments

The Office of Management and Budget (OMB) recently issued guidance
to assist Federal agencies in implementing the annual adjustments
required by the Act which agencies must complete by January 15, 2018.
See December 15, 2017, Memorandum for the Heads of Executive
Departments and Agencies, from Mick Mulvaney, Director, Office of
Management and Budget, re: Implementation of Penalty Inflation
Adjustments for 2018, Pursuant to the Federal Civil Penalties Inflation
Adjustment Act Improvements Act of 2015 (M-18-03). The guidance states
that the cost-of-living adjustment multiplier for 2018, based on the
Consumer Price Index (CPI-U) for the month of October 2017, not
seasonally adjusted, is 1.02041. (The annual inflation adjustments are
based on the percent change between the October CPI-U preceding the
date of the adjustment, and the prior year's October CPI-U.) The
guidance instructs agencies to complete the 2018 annual adjustment by
multiplying each applicable penalty by the multiplier, 1.02041, and
rounding to the nearest dollar. Further, the guidance instructs
agencies to apply the multiplier to the most recent penalty amount that
includes the catch-up adjustment required by the Act.
The annual adjustment applies to all civil monetary penalties with
a dollar amount that are subject to the Act. A civil monetary penalty
is any assessment with a dollar amount that is levied for a violation
of a Federal civil statute or regulation, and is assessed or
enforceable through a civil action in Federal court or an
administrative proceeding. A civil monetary penalty does not include a
penalty levied for violation of a criminal statute, or fees for
services, licenses, permits, or other regulatory review. This final
rule adjusts the following civil monetary penalties contained in the
Department regulations implementing the Native American Graves
Protection and Repatriation Act (NAGPRA) for 2018 by multiplying
1.02041 by each penalty amount as updated by the catch-up adjustment
made in 2017:

----------------------------------------------------------------------------------------------------------------
Current
penalty Annual
CFR citation Description of the including adjustment Adjusted
penalty catch-up (multiplier) penalty
adjustment
----------------------------------------------------------------------------------------------------------------
43 CFR 10.12(g)(2).................... Failure of Museum to $6,533 1.02041 $6,666
Comply.
43 CFR 10.12(g)(3).................... Continued Failure to 1,307 1.02041 1,334
Comply Per Day.
----------------------------------------------------------------------------------------------------------------

Consistent with the Act, the adjusted penalty levels for 2018 will
take effect immediately upon the effective date of the adjustment. The
adjusted penalty levels for 2018 will apply to penalties assessed after
that date including, if consistent with agency policy, assessments
associated with violations that occurred on or after November 2, 2015.
The Act does not, however, change previously assessed penalties that
the Department is collecting or has collected. Nor does the Act change
an agency's existing statutory authorities to adjust penalties.

III. Procedural Requirements

A. Regulatory Planning and Review (E.O. 12866 and 13563)

Executive Order 12866 provides that the Office of Information and
Regulatory Affairs in the Office of Management and Budget will review
all significant rules. The Office of Information and Regulatory Affairs
has determined that this rule is not significant.
Executive Order 13563 reaffirms the principles of E.O. 12866 while
calling for improvements in the nation's regulatory system to promote
predictability, to reduce uncertainty, and to use the best, most
innovative, and least burdensome tools for achieving regulatory ends.
The executive order directs agencies to consider regulatory approaches
that reduce burdens and maintain flexibility and freedom of choice for
the public where these approaches are relevant, feasible, and
consistent with regulatory objectives. E.O. 13563 emphasizes further
that regulations must be based on the best available science and that
the rulemaking process must allow for public participation and an open
exchange of ideas. We have developed

[[Page 4152]]

this rule in a manner consistent with these requirements.

B. Reducing Regulation and Controlling Regulatory Costs (Executive
Order 13771)

This rule is not subject to E.O. 13771 because it is neither a
significant regulatory action as defined in Section 3(f) of E.O. 12866
or a deregulatory action under E.O. 13771.

C. Regulatory Flexibility Act

The Regulatory Flexibility Act (RFA) requires an agency to prepare
a regulatory flexibility analysis for rules unless the agency certifies
that the rule will not have a significant economic impact on a
substantial number of small entities. The RFA applies only to rules for
which an agency is required to first publish a proposed rule. See 5
U.S.C. 603(a) and 604(a). The RFA does not apply to this final rule
because the Office of the Secretary is not required to publish a
proposed rule for the reasons explained below in Section III.M.

D. Small Business Regulatory Enforcement Fairness Act

This rule is not a major rule under 5 U.S.C. 804(2), the Small
Business Regulatory Enforcement Fairness Act. This rule:
(a) Does not have an annual effect on the economy of $100 million
or more.
(b) Will not cause a major increase in costs or prices for
consumers, individual industries, Federal, State, or local government
agencies, or geographic regions.
(c) Does not have significant adverse effects on competition,
employment, investment, productivity, innovation, or the ability of
U.S.-based enterprises to compete with foreign-based enterprises.

E. Unfunded Mandates Reform Act

This rule does not impose an unfunded mandate on State, local, or
tribal governments, or the private sector of more than $100 million per
year. The rule does not have a significant or unique effect on State,
local, or tribal governments or the private sector. A statement
containing the information required by the Unfunded Mandates Reform Act
(2 U.S.C. 1531 et seq.) is not required.

F. Takings (E.O. 12630)

This rule does not effect a taking of private property or otherwise
have taking implications under Executive Order 12630. A takings
implication assessment is not required.

G. Federalism (E.O. 13132)

Under the criteria in section 1 of Executive Order 13132, this rule
does not have sufficient federalism implications to warrant the
preparation of a federalism summary impact statement. A federalism
summary impact statement is not required.

H. Civil Justice Reform (E.O. 12988)

This rule complies with the requirements of E.O. 12988.
Specifically, this rule:
(a) Meets the criteria of section 3(a) requiring that all
regulations be reviewed to eliminate errors and ambiguity and be
written to minimize litigation; and
(b) Meets the criteria of section 3(b)(2) requiring that all
regulations be written in clear language and contain clear legal
standards.

I. Consultation With Indian Tribes (E.O. 13175 and Departmental Policy)

The Department of the Interior strives to strengthen its
government-to-government relationship with Indian tribes through a
commitment to consultation with Indian tribes and recognition of their
right to self-governance and tribal sovereignty. We have evaluated this
rule under the Department's consultation policy and under the criteria
in Executive Order 13175 and have determined that it has no substantial
direct effects on federally recognized Indian tribes and that
consultation under the Department's tribal consultation policy is not
required.

J. Paperwork Reduction Act

This rule does not contain information collection requirements, and
a submission to the Office of Management and Budget under the Paperwork
Reduction Act (44 U.S.C. 3501 et seq.) is not required. We may not
conduct or sponsor, and you are not required to respond to, a
collection of information unless it displays a currently valid OMB
control number.

K. National Environmental Policy Act

This rule does not constitute a major Federal action significantly
affecting the quality of the human environment. A detailed statement
under the National Environmental Policy Act of 1969 (NEPA) is not
required because the rule is covered by a categorical exclusion. This
rule is excluded from the requirement to prepare a detailed statement
because it is a regulation of an administrative nature. (For further
information see 43 CFR 46.210(i).) We have also determined that the
rule does not involve any of the extraordinary circumstances listed in
43 CFR 46.215 that would require further analysis under NEPA.

L. Effects on the Energy Supply (E.O. 13211)

This rule is not a significant energy action under the definition
in Executive Order 13211. A Statement of Energy Effects is not
required.

M. Administrative Procedure Act

The Act requires agencies to publish annual inflation adjustments
by no later than January 15, 2018 and by no later than January 15 each
subsequent year, notwithstanding section 553 of the Administrative
Procedure Act (APA) (5 U.S.C. 553). OMB has interpreted this direction
to mean that the usual APA public procedure for rulemaking--which
includes public notice of a proposed rule, an opportunity for public
comment, and a delay in the effective date of a final rule--is not
required when agencies issue regulations to implement the annual
adjustments to civil penalties that the Act requires. Accordingly, we
are issuing the 2018 annual adjustments as a final rule without prior
notice or an opportunity for comment and with an effective date
immediately upon publication in the Federal Register.

List of Subjects in 43 CFR Part 10

Administrative practice and procedure, Hawaiian Natives, Historic
preservation, Indians--claims, Indians--lands, Museums, Penalties,
Public lands, Reporting and recordkeeping requirements.

For the reasons given in the preamble, the Office of the Secretary
amends 43 CFR part 10 as follows:

PART 10--NATIVE AMERICAN GRAVES PROTECTION AND REPATRIATION
REGULATIONS

0
1. The authority citation for part 10 continues to read as follows:

Authority: 16 U.S.C. 470dd; 25 U.S.C. 9, 3001 et seq.

Sec. 10.12 [Amended]

0
2. In Sec. 10.12:
0
a. In paragraph (g)(2) introductory text, remove ``$6,533'' and add in
its place ``$6,666''.
0
b. In paragraph (g)(3), remove ``$1,307'' and add in its place
``$1,334''.

Jason Larrabee,
Principal Deputy Assistant Secretary for Fish and Wildlife and Parks,
exercising the authority of the Assistant Secretary for Fish and
Wildlife and Parks.

[FR Doc. 2018-01680 Filed 1-29-18; 8:45 am]
BILLING CODE 4312-52-P

Federal Register / Vol. 83, No. 20 / Tuesday, January 30, 2018 / Rules and Regulations 4151

state law, or otherwise has Federalism and Budget guidance. The purpose of 2015 (M–18–03). The guidance states
implications. Because this document these adjustments is to maintain the that the cost-of-living adjustment
does not impose any costs on state or deterrent effect of civil penalties and to multiplier for 2018, based on the
local governments, the requirements of further the policy goals of the Consumer Price Index (CPI–U) for the
Executive Order 13132 are not underlying statutes. month of October 2017, not seasonally
applicable. DATES: This rule is effective on January adjusted, is 1.02041. (The annual
In accordance with the provisions of 30, 2018. inflation adjustments are based on the
Executive Order 12866, this document FOR FURTHER INFORMATION CONTACT: percent change between the October
was reviewed by the Office of Melanie O’Brien, Manager, National CPI–U preceding the date of the
Management and Budget. NAGPRA Program, National Park adjustment, and the prior year’s October
Dated: January 12, 2018. Service, 1849 C Street NW, Washington, CPI–U.) The guidance instructs agencies
Seema Verma, DC 20240. to complete the 2018 annual adjustment
Administrator, Centers for Medicare & SUPPLEMENTARY INFORMATION: by multiplying each applicable penalty
Medicaid Services. by the multiplier, 1.02041, and
I. Background rounding to the nearest dollar. Further,
[FR Doc. 2018–01783 Filed 1–29–18; 8:45 am]
On November 2, 2015, the President the guidance instructs agencies to apply
BILLING CODE 4120–01–P
signed into law the Federal Civil the multiplier to the most recent penalty
Penalties Inflation Adjustment Act amount that includes the catch-up
Improvements Act of 2015 (Sec. 701 of adjustment required by the Act.
DEPARTMENT OF THE INTERIOR Pub. L. 114–74) (‘‘the Act’’). The Act
The annual adjustment applies to all
requires Federal agencies to adjust the
Office of the Secretary of the Interior civil monetary penalties with a dollar
level of civil monetary penalties with an
amount that are subject to the Act. A
initial ‘‘catch-up’’ adjustment through
43 CFR Part 10 civil monetary penalty is any
rulemaking and then make subsequent
annual adjustments for inflation no later assessment with a dollar amount that is
[NPS–WASO–NAGPRA–24780;
PPWOVPADU0/PPMPRLE1Y.Y00000] than January 15 of each year. levied for a violation of a Federal civil
statute or regulation, and is assessed or
RIN 1024–AE40 II. Calculation of Annual Adjustments enforceable through a civil action in
The Office of Management and Budget Federal court or an administrative
Civil Penalties Inflation Adjustments proceeding. A civil monetary penalty
(OMB) recently issued guidance to assist
AGENCY: Office of the Secretary, Interior. Federal agencies in implementing the does not include a penalty levied for
ACTION: Final rule. annual adjustments required by the Act violation of a criminal statute, or fees for
which agencies must complete by services, licenses, permits, or other
SUMMARY: This rule revises U.S. January 15, 2018. See December 15, regulatory review. This final rule adjusts
Department of the Interior regulations 2017, Memorandum for the Heads of the following civil monetary penalties
implementing the Native American Executive Departments and Agencies, contained in the Department regulations
Graves Protection and Repatriation Act from Mick Mulvaney, Director, Office of implementing the Native American
to provide for annual adjustments of Management and Budget, re: Graves Protection and Repatriation Act
civil penalties to account for inflation Implementation of Penalty Inflation (NAGPRA) for 2018 by multiplying
under the Federal Civil Penalties Adjustments for 2018, Pursuant to the 1.02041 by each penalty amount as
Inflation Adjustment Act Improvements Federal Civil Penalties Inflation updated by the catch-up adjustment
Act of 2015 and Office of Management Adjustment Act Improvements Act of made in 2017:

Current
penalty Annual Adjusted
CFR citation Description of the penalty including adjustment
penalty
catch-up (multiplier)
adjustment

43 CFR 10.12(g)(2) ......................................... Failure of Museum to Comply ........................ $6,533 1.02041 $6,666
43 CFR 10.12(g)(3) ......................................... Continued Failure to Comply Per Day ........... 1,307 1.02041 1,334

Consistent with the Act, the adjusted III. Procedural Requirements and to use the best, most innovative,
penalty levels for 2018 will take effect and least burdensome tools for
A. Regulatory Planning and Review
immediately upon the effective date of (E.O. 12866 and 13563) achieving regulatory ends. The
the adjustment. The adjusted penalty executive order directs agencies to
levels for 2018 will apply to penalties Executive Order 12866 provides that consider regulatory approaches that
assessed after that date including, if the Office of Information and Regulatory reduce burdens and maintain flexibility
consistent with agency policy, Affairs in the Office of Management and and freedom of choice for the public
assessments associated with violations Budget will review all significant rules. where these approaches are relevant,
that occurred on or after November 2, The Office of Information and feasible, and consistent with regulatory
Regulatory Affairs has determined that
rmajette on DSKBCKNHB2PROD with RULES

2015. The Act does not, however, objectives. E.O. 13563 emphasizes
change previously assessed penalties this rule is not significant. further that regulations must be based
that the Department is collecting or has Executive Order 13563 reaffirms the on the best available science and that
collected. Nor does the Act change an principles of E.O. 12866 while calling the rulemaking process must allow for
agency’s existing statutory authorities to for improvements in the nation’s public participation and an open
adjust penalties. regulatory system to promote exchange of ideas. We have developed
predictability, to reduce uncertainty,

VerDate Sep<11>2014 15:14 Jan 29, 2018 Jkt 244001 PO 00000 Frm 00021 Fmt 4700 Sfmt 4700 E:\FR\FM\30JAR1.SGM 30JAR1

4152 Federal Register / Vol. 83, No. 20 / Tuesday, January 30, 2018 / Rules and Regulations

this rule in a manner consistent with not have sufficient federalism L. Effects on the Energy Supply (E.O.
these requirements. implications to warrant the preparation 13211)
of a federalism summary impact
B. Reducing Regulation and Controlling This rule is not a significant energy
statement. A federalism summary
Regulatory Costs (Executive Order action under the definition in Executive
impact statement is not required.
13771) Order 13211. A Statement of Energy
This rule is not subject to E.O. 13771 H. Civil Justice Reform (E.O. 12988) Effects is not required.
because it is neither a significant This rule complies with the M. Administrative Procedure Act
regulatory action as defined in Section requirements of E.O. 12988.
3(f) of E.O. 12866 or a deregulatory Specifically, this rule: The Act requires agencies to publish
action under E.O. 13771. (a) Meets the criteria of section 3(a) annual inflation adjustments by no later
requiring that all regulations be than January 15, 2018 and by no later
C. Regulatory Flexibility Act
reviewed to eliminate errors and than January 15 each subsequent year,
The Regulatory Flexibility Act (RFA) ambiguity and be written to minimize notwithstanding section 553 of the
requires an agency to prepare a litigation; and Administrative Procedure Act (APA) (5
regulatory flexibility analysis for rules (b) Meets the criteria of section 3(b)(2) U.S.C. 553). OMB has interpreted this
unless the agency certifies that the rule requiring that all regulations be written direction to mean that the usual APA
will not have a significant economic in clear language and contain clear legal public procedure for rulemaking—
impact on a substantial number of small standards. which includes public notice of a
entities. The RFA applies only to rules proposed rule, an opportunity for public
for which an agency is required to first I. Consultation With Indian Tribes (E.O.
13175 and Departmental Policy) comment, and a delay in the effective
publish a proposed rule. See 5 U.S.C. date of a final rule—is not required
603(a) and 604(a). The RFA does not The Department of the Interior strives when agencies issue regulations to
apply to this final rule because the to strengthen its government-to- implement the annual adjustments to
Office of the Secretary is not required to government relationship with Indian civil penalties that the Act requires.
publish a proposed rule for the reasons tribes through a commitment to Accordingly, we are issuing the 2018
explained below in Section III.M. consultation with Indian tribes and annual adjustments as a final rule
D. Small Business Regulatory recognition of their right to self- without prior notice or an opportunity
Enforcement Fairness Act governance and tribal sovereignty. We for comment and with an effective date
have evaluated this rule under the immediately upon publication in the
This rule is not a major rule under 5 Department’s consultation policy and
U.S.C. 804(2), the Small Business Federal Register.
under the criteria in Executive Order
Regulatory Enforcement Fairness Act. 13175 and have determined that it has List of Subjects in 43 CFR Part 10
This rule: no substantial direct effects on federally
(a) Does not have an annual effect on Administrative practice and
recognized Indian tribes and that
the economy of $100 million or more. procedure, Hawaiian Natives, Historic
consultation under the Department’s
(b) Will not cause a major increase in preservation, Indians—claims,
tribal consultation policy is not
costs or prices for consumers, Indians—lands, Museums, Penalties,
required.
individual industries, Federal, State, or Public lands, Reporting and
local government agencies, or J. Paperwork Reduction Act recordkeeping requirements.
geographic regions. This rule does not contain
(c) Does not have significant adverse For the reasons given in the preamble,
information collection requirements, the Office of the Secretary amends 43
effects on competition, employment,
and a submission to the Office of CFR part 10 as follows:
investment, productivity, innovation, or
Management and Budget under the
the ability of U.S.-based enterprises to
Paperwork Reduction Act (44 U.S.C. PART 10—NATIVE AMERICAN
compete with foreign-based enterprises.
3501 et seq.) is not required. We may GRAVES PROTECTION AND
E. Unfunded Mandates Reform Act not conduct or sponsor, and you are not REPATRIATION REGULATIONS
This rule does not impose an required to respond to, a collection of
unfunded mandate on State, local, or information unless it displays a ■ 1. The authority citation for part 10
tribal governments, or the private sector currently valid OMB control number. continues to read as follows:
of more than $100 million per year. The K. National Environmental Policy Act Authority: 16 U.S.C. 470dd; 25 U.S.C. 9,
rule does not have a significant or 3001 et seq.
unique effect on State, local, or tribal This rule does not constitute a major
governments or the private sector. A Federal action significantly affecting the § 10.12 [Amended]
statement containing the information quality of the human environment. A
detailed statement under the National ■ 2. In § 10.12:
required by the Unfunded Mandates
Environmental Policy Act of 1969 ■ a. In paragraph (g)(2) introductory
Reform Act (2 U.S.C. 1531 et seq.) is not
(NEPA) is not required because the rule text, remove ‘‘$6,533’’ and add in its
required.
is covered by a categorical exclusion. place ‘‘$6,666’’.
F. Takings (E.O. 12630) This rule is excluded from the ■ b. In paragraph (g)(3), remove
This rule does not effect a taking of requirement to prepare a detailed ‘‘$1,307’’ and add in its place ‘‘$1,334’’.
private property or otherwise have statement because it is a regulation of an
Jason Larrabee,
rmajette on DSKBCKNHB2PROD with RULES

taking implications under Executive administrative nature. (For further
Order 12630. A takings implication information see 43 CFR 46.210(i).) We Principal Deputy Assistant Secretary for Fish
have also determined that the rule does and Wildlife and Parks, exercising the
assessment is not required. authority of the Assistant Secretary for Fish
not involve any of the extraordinary
G. Federalism (E.O. 13132) and Wildlife and Parks.
circumstances listed in 43 CFR 46.215
Under the criteria in section 1 of that would require further analysis [FR Doc. 2018–01680 Filed 1–29–18; 8:45 am]
Executive Order 13132, this rule does under NEPA. BILLING CODE 4312–52–P

VerDate Sep<11>2014 15:14 Jan 29, 2018 Jkt 244001 PO 00000 Frm 00022 Fmt 4700 Sfmt 9990 E:\FR\FM\30JAR1.SGM 30JAR1

Document Created: 2018-10-26 10:09:55
Document Modified: 2018-10-26 10:09:55

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 on January 30, 2018.
Contact		Melanie O'Brien, Manager, National NAGPRA Program, National Park Service, 1849 C Street NW, Washington, DC 20240.
FR Citation		83 FR 4151
RIN Number		1024-AE40
CFR Associated		Administrative Practice and Procedure; Hawaiian Natives; Historic Preservation; Indians-Claims; Indians-Lands; Museums; Penalties; Public Lands and Reporting and Recordkeeping Requirements

83 FR 4151 - Civil Penalties Inflation Adjustments

DEPARTMENT OF THE INTERIOROffice of the Secretary of the Interior

Federal Register Volume 83, Issue 20 (January 30, 2018)

DEPARTMENT OF THE INTERIOR
Office of the Secretary of the Interior