83 FR 5192 - Civil Penalties Inflation Adjustments; Annual Adjustments
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs Federal Register Volume 83, Issue 25 (February 6, 2018)
Bureau of Indian Affairs
Federal Register Volume 83, Issue 25 (February 6, 2018)
| Page Range | 5192-5195 | |
| FR Document | 2018-02200 |
[Federal Register Volume 83, Number 25 (Tuesday, February 6, 2018)] [Rules and Regulations] [Pages 5192-5195] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-02200] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF THE INTERIOR Bureau of Indian Affairs [189A2100DD/AAKC001030/A0A501010.999900253G] 25 CFR Parts 140, 141, 211, 213, 225, 226, 227, 243, and 249 RIN 1076-AF40 Civil Penalties Inflation Adjustments; Annual Adjustments AGENCY: Bureau of Indian Affairs, Interior. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: This rule provides for annual adjustments to the level of civil monetary penalties contained in Bureau of Indian Affairs (Bureau) regulations to account for inflation under the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 and Office of Management and Budget (OMB) guidance. DATES: This rule is effective on February 6, 2018. FOR FURTHER INFORMATION CONTACT: Elizabeth Appel, Director, Office of Regulatory Affairs and Collaborative Action, Office of the Assistant Secretary--Indian Affairs; telephone (202) 273-4680, [email protected]. SUPPLEMENTARY INFORMATION: I. Background II. Calculation of Annual Adjustments III. Procedural Requirements A. Regulatory Planning and Review (E.O. 12866, 13563, and 13771) B. Regulatory Flexibility Act C. Small Business Regulatory Enforcement Fairness Act D. Unfunded Mandates Reform Act E. Takings (E.O. 12630) F. Federalism (E.O. 13132) G. Civil Justice Reform (E.O. 12988) H. Consultation With Indian Tribes (E.O. 13175) I. Paperwork Reduction Act J. National Environmental Policy Act K. Effects on the Energy Supply (E.O. 13211) L. Clarity of This Regulation M. Administrative Procedure Act 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. The purpose of these adjustments is to maintain the deterrent effect of civil penalties and to further the policy goals of the underlying statutes. The Office of Management and Budget (OMB) issued guidance for Federal agencies on calculating the catch-up adjustment. See February 24, 2016, Memorandum for the Heads of Executive Departments and Agencies, from Shaun Donovan, Director, Office of Management and Budget, re: Implementation of the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (M-16-06). Under the guidance, the Department identified applicable civil monetary penalties and calculated the catch-up adjustment. 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. The calculated catch-up adjustment is based on the percent change between the Consumer Price Index for all Urban Consumers (CPI0-U) for the month of October in the year of the previous adjustment (or in the year of establishment, if no adjustment has been made) and the October 2015 CPI-U. The Bureau issued an interim final rule providing for calculated catch-up adjustments on June 30, 2016 (81 FR 42478) with an effective date of August 1, 2016, and requesting comments post-promulgation. The Bureau issued a final rule affirming the catch-up adjustments set forth in the interim final rule on December 2, 2016 (81 FR 86953). The Bureau then issued a final rule making the next scheduled annual inflation adjustment for 2017 on January 23, 2017 (82 FR 7649). II. Calculation of 2018 Annual Adjustments 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 the 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. For 2017, OMB explains, October 2017 CPI-U (246.663)/October 2016 CPI-U (241.729) = 1.02041.) 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, agencies should apply the multiplier to the most recent penalty amount that includes the initial 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. This final rule adjusts the following civil monetary penalties contained in the Bureau's regulations for 2018 by multiplying 1.02041 (i.e., the cost-of-living adjustment multiplier for 2018) by each penalty amount as updated by the adjustment made in 2017: [[Page 5193]] ---------------------------------------------------------------------------------------------------------------- Current penalty Annual Adjusted CFR citation Description of penalty including adjustment penalty for catchup (multiplier) 2018 adjustment ---------------------------------------------------------------------------------------------------------------- 25 CFR 140.3........................... Penalty for trading in $1,270 1.02041 $1,296 Indian country without a license. 25 CFR 141.50.......................... Penalty for trading on 1,270 1.02041 1,296 Navajo, Hopi or Zuni reservations without a license. 25 CFR 211.55.......................... Penalty for violation 1,527 1.02041 1,558 of leases of Tribal land for mineral development, violation of part 211, or failure to comply with a notice of noncompliance or cessation order. 25 CFR 213.37.......................... Penalty for failure of 1,270 1.02041 1,296 lessee to comply with lease of restricted lands of members of the Five Civilized Tribes in Oklahoma for mining, operating regulations at part 213, or orders. 25 CFR 225.37.......................... Penalty for violation 1,617 1.02041 1,650 of minerals agreement, regulations at part 225, other applicable laws or regulations, or failure to comply with a notice of noncompliance or cessation order. 25 CFR 226.42.......................... Penalty for violation 906 1.02041 924 of lease of Osage reservation lands for oil and gas mining or regulations at part 226, or noncompliance with the Superintendent's order. 25 CFR 226.43(a)....................... Penalty per day for 90 1.02041 92 failure to obtain permission to start operations. 25 CFR 226.43(b)....................... Penalty per day for 90 1.02041 92 failure to file records. 25 CFR 226.43(c)....................... Penalty for each well 90 1.02041 92 and tank battery for failure to mark wells and tank batteries. 25 CFR 226.43(d)....................... Penalty each day after 90 1.02041 92 operations are commenced for failure to construct and maintain pits. 25 CFR 226.43(e)....................... Penalty for failure to 181 1.02041 185 comply with requirements regarding valve or other approved controlling device. 25 CFR 226.43(f)....................... Penalty for failure to 362 1.02041 369 notify Superintendent before drilling, redrilling, deepening, plugging, or abandoning any well. 25 CFR 226.43(g)....................... Penalty per day for 906 1.02041 924 failure to properly care for and dispose of deleterious fluids. 25 CFR 226.43(h)....................... Penalty per day for 90 1.02041 92 failure to file plugging and other required reports. 25 CFR 227.24.......................... Penalty for failure of 1,270 1.02041 1,296 lessee of certain lands in Wind River Indian Reservation, Wyoming, for oil and gas mining to comply with lease provisions, operating regulations, regulations at part 227, or orders. 25 CFR 243.8........................... Penalty for non-Native 5,989 1.02041 6,111 transferees of live Alaskan reindeer who violates part 243, takes reindeer without a permit, or fails to abide by permit terms. 25 CFR 249.6(b)........................ Penalty for fishing in 1,270 1.02041 1,296 violation of regulations at part 249 (Off-Reservation Treaty Fishing). ---------------------------------------------------------------------------------------------------------------- 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 date of the Act). The Act does not, however, change previously assessed penalties that the Bureau 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, 13563, and 13771) 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 this rule in a manner consistent with these requirements. E.O. 13771 of January 30, 2017, directs Federal agencies to reduce the regulatory burden on regulated entities and control regulatory costs. E.O. 13771, however, applies only to significant regulatory actions, as defined in Section 3(f) of E.O. 12866. OIRA has determined that agency regulations exclusively implementing the annual adjustment are not significant regulatory actions under E.O. 12866, provided they are consistent with OMB Memorandum M-18-03 (See OMB Memorandum M-18-03 at 3). Therefore, E.O. 13771 does not apply to this final rule. B. Regulatory Flexibility Act This rule will not have a significant economic effect on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) because the rule makes adjustments for inflation. C. 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: [[Page 5194]] (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. D. 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. E. Takings (E.O. 12630) This rule does not affect a taking of private property or otherwise have taking implications under Executive Order 12630. A takings implication assessment is not required. F. 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. G. Civil Justice Reform (E.O. 12988) This rule complies with the requirements of Executive Order 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. H. 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. I. 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. J. 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. K. 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. L. Clarity of This Regulation We are required by Executive Orders 12866 (section 1(b)(12)), 12988 (section 3(b)(1)(B)), and 13563 (section 1(a)), and by the Presidential Memorandum of June 1, 1998, to write all rules in plain language. This means that each rule we publish must: (a) Be logically organized; (b) Use the active voice to address readers directly; (c) Use common, everyday words and clear language rather than jargon; (d) Be divided into short sections and sentences; and (e) Use lists and tables wherever possible. If you feel that we have not met these requirements, send us comments by one of the methods listed in the ADDRESSES section. To better help us revise the rule, your comments should be as specific as possible. For example, you should tell us the numbers of the sections or paragraphs that you find unclear, which sections or sentences are too long, the sections where you feel lists or tables would be useful, etc. M. Administrative Procedure Act The Act requires agencies to publish annual inflation adjustments by no later than January 15, 2018, 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. Section 553(b) of the Administrative Procedure Act (APA) 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. Under section 553(b), the Bureau finds that there is good cause to promulgate this rule without first providing for public comment. It would not be possible to meet the deadlines imposed by the Act if we were to first publish a proposed rule, allow the public sufficient time to submit comments, analyze the comments, and publish a final rule. Also, the Bureau is promulgating this final rule to implement the statutory directive in the Act, which requires agencies to publish a final rule and to update the civil penalty amounts by applying a specified formula. The Bureau 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 on this rule prior to promulgation. Thus, providing for notice and public comment is impracticable and unnecessary. Furthermore, the Bureau finds under section 553(d)(3) of the APA that good cause exists to make this final rule effective immediately upon publication in the Federal Register. In the Act, Congress expressly required Federal agencies to publish annual inflation adjustments to civil penalties in the Federal Register by January 15, 2018, [[Page 5195]] notwithstanding section 553 of the APA. Under the statutory framework and OMB guidance, the new penalty levels take effect immediately upon the effective date of the adjustment. The statutory deadline does not allow time to delay this rule's effective date beyond publication. Moreover, an effective date after January 15 would delay application of the new penalty levels, contrary to Congress's intent. List of Subjects 25 CFR Part 140 Business and industry, Indians, Penalties. 25 CFR Part 141 Business and industry, Credit, Indians--business and finance, Penalties. 25 CFR Part 211 Geothermal energy, Indians--lands, Mineral resources, Mines, Oil and gas exploration, Reporting and recordkeeping requirements. 25 CFR Part 213 Indians--lands, Mineral resources, Mines, Oil and gas exploration, Reporting and recordkeeping requirements. 25 CFR Part 225 Geothermal energy, Indians--lands, Mineral resources, Mines, Oil and gas exploration, Penalties, Reporting and recordkeeping requirements, Surety bonds. 25 CFR Part 226 Indians--lands. 25 CFR Part 227 Indians--lands, Mineral resources, Mines, Oil and gas exploration, Reporting and recordkeeping requirements. 25 CFR Part 243 Indians, Livestock. 25 CFR Part 249 Fishing, Indians. For the reasons given in the preamble, the Department of the Interior amends 25 CFR Chapter I as follows: PART 140--LICENSED INDIAN TRADERS 0 1. The authority citation for part 140 continues to read as follows: Authority: Sec. 5, 19 Stat. 200, sec. 1, 31 Stat. 1066 as amended; 25 U.S.C. 261, 262; 94 Stat. 544, 18 U.S.C. 437; 25 U.S.C. 2 and 9; 5 U.S.C. 301; and Sec. 701, Pub. L. 114-74, 129 Stat. 599, unless otherwise noted. Sec. 140.3 [Amended] 0 2. In Sec. 140.3, remove ``$1,270'' and add in its place ``$1,296''. PART 141--BUSINESS PRACTICES ON THE NAVAJO, HOPI AND ZUNI RESERVATIONS 0 3. The authority citation for part 141 continues to read as follows: Authority: 5 U.S.C. 301; 25 U.S.C. 2 and 9; and Sec. 701, Pub. L. 114-74, 129 Stat. 599, unless otherwise noted. Sec. 141.50 [Amended] 0 4. In Sec. 141.50, remove ``$1,270'' and add in its place ``$1,296''. PART 211--LEASING OF TRIBAL LANDS FOR MINERAL DEVELOPMENT 0 5. The authority citation for part 211 continues to read as follows: Authority: Sec. 4, Act of May 11, 1938 (52 Stat. 347); Act of August 1, 1956 (70 Stat. 744); 25 U.S.C. 396a-g; 25 U.S.C. 2 and 9; and Sec. 701, Pub. L. 114-74, 129 Stat. 599, unless otherwise noted. Sec. 211.55 [Amended] 0 6. In Sec. 211.55(a), remove ``$1,527'' and add in its place ``$1,558''. PART 213--LEASING OF RESTRICTED LANDS FOR MEMBERS OF FIVE CIVILIZED TRIBES, OKLAHOMA, FOR MINING 0 7. The authority citation for part 213 continues to read as follows: Authority: Sec. 2, 35 Stat. 312; sec. 18, 41 Stat. 426; sec. 1, 45 Stat. 495; sec. 1, 47 Stat. 777; 25 U.S.C. 356; and Sec. 701, Pub. L. 114-74, 129 Stat. 599. Interpret or apply secs. 3, 11, 35 Stat. 313, 316; sec. 8, 47 Stat. 779, unless otherwise noted. Sec. 213.37 [Amended] 0 8. In Sec. 213.37, remove ``$1,270'' and add in its place ``$1,296''. PART 225--OIL AND GAS, GEOTHERMAL AND SOLID MINERALS AGREEMENTS 0 9. The authority citation for part 225 continues to read as follows: Authority: 25 U.S.C. 2, 9, and 2101-2108; and Sec. 701, Pub. L. 114-74, 129 Stat. 599. Sec. 225.37 [Amended] 0 10. In Sec. 225.37(a), remove ``$1,617'' and add in its place ``$1,650''. PART 226--LEASING OF OSAGE RESERVATION LANDS FOR OIL AND GAS MINING 0 11. The authority citation for part 226 continues to read as follows: Authority: Sec. 3, 34 Stat. 543; secs. 1, 2, 45 Stat. 1478; sec. 3, 52 Stat. 1034, 1035; sec. 2(a), 92 Stat. 1660; and Sec. 701, Pub. L. 114-74, 129 Stat. 599. Sec. 226.42 [Amended] 0 12. In Sec. 226.42, remove ``$906'' and add in its place ``$924''. Sec. 226.43 [Amended] 0 13. In Sec. 226.43: 0 a. Remove ``$90'' each time it appears and add in each place ``$92'' wherever it appears in this section. 0 b. In paragraph (e), remove ``$181'' and add in its place ``$185''. 0 c. In paragraph (f), remove ``$362'' and add in its place ``$369''. 0 d. In paragraph (g), remove ``$906'' and add in its place ``$924''. PART 227--LEASING OF CERTAIN LANDS IN WIND RIVER INDIAN RESERVATION, WYOMING, FOR OIL AND GAS MINING 0 14. The authority citation for part 227 continues to read as follows: Authority: Sec. 1, 39 Stat. 519; and Sec. 701, Pub. L. 114-74, 129 Stat. 599, unless otherwise noted. Sec. 227.24 [Amended] 0 15. In Sec. 227.24, remove ``$1,270'' and add in its place ``$1,296''. PART 243--REINDEER IN ALASKA 0 16. The authority citation for part 243 continues to read as follows: Authority: Sec. 12, 50 Stat. 902; 25 U.S.C. 500K; and Sec. 701, Pub. L. 114-74, 129 Stat. 599. Sec. 243.8 [Amended] 0 17. In Sec. 243.8(a) introductory text, remove ``$5,989'' and add in its place ``$6,111''. PART 249--OFF-RESERVATION TREATY FISHING 0 18. The authority citation for part 249 continues to read as follows: Authority: 25 U.S.C. 2, and 9; 5 U.S.C. 301; and Sec. 701, Pub. L. 114-74, 129 Stat. 599, unless otherwise noted. Sec. 249.6 [Amended] 0 19. In Sec. 249.6(b), remove ``$1,270'' and add in its place ``$1,296''. Dated: January 24, 2018. John Tahsuda, Principal Deputy Assistant Secretary--Indian Affairs, Exercising the Authority of the Assistant Secretary--Indian Affairs. [FR Doc. 2018-02200 Filed 2-5-18; 8:45 am] BILLING CODE 4337-15-P
![5192 Federal Register / Vol. 83, No. 25 / Tuesday, February 6, 2018 / Rules and Regulations
related to fentanyl by one or more of the SUPPLEMENTARY INFORMATION: establishment, if no adjustment has
following modifications: I. Background been made) and the October 2015
(A) Replacement of the phenyl II. Calculation of Annual Adjustments CPI–U.
portion of the phenethyl group by any III. Procedural Requirements The Bureau issued an interim final
monocycle, whether or not further A. Regulatory Planning and Review (E.O.
rule providing for calculated catch-up
substituted in or on the monocycle; 12866, 13563, and 13771)
(B) Substitution in or on the B. Regulatory Flexibility Act adjustments on June 30, 2016 (81 FR
phenethyl group with alkyl, alkenyl, C. Small Business Regulatory Enforcement 42478) with an effective date of August
alkoxyl, hydroxyl, halo, haloalkyl, Fairness Act 1, 2016, and requesting comments post-
amino or nitro groups; D. Unfunded Mandates Reform Act promulgation. The Bureau issued a final
E. Takings (E.O. 12630) rule affirming the catch-up adjustments
(C) Substitution in or on the F. Federalism (E.O. 13132)
piperidine ring with alkyl, alkenyl, set forth in the interim final rule on
G. Civil Justice Reform (E.O. 12988)
alkoxyl, ester, ether, hydroxyl, halo, H. Consultation With Indian Tribes (E.O.
December 2, 2016 (81 FR 86953). The
haloalkyl, amino or nitro groups; 13175) Bureau then issued a final rule making
(D) Replacement of the aniline ring I. Paperwork Reduction Act the next scheduled annual inflation
with any aromatic monocycle whether J. National Environmental Policy Act adjustment for 2017 on January 23, 2017
or not further substituted in or on the K. Effects on the Energy Supply (E.O. (82 FR 7649).
aromatic monocycle; and/or 13211)
(E) Replacement of the N-propionyl L. Clarity of This Regulation II. Calculation of 2018 Annual
group by another acyl group. M. Administrative Procedure Act Adjustments
(ii) This definition includes, but is not I. Background OMB recently issued guidance to
limited to, the following substances: assist Federal agencies in implementing
(A) [Reserved] On November 2, 2015, the President
(B) [Reserved] signed into law the Federal Civil the annual adjustments required by the
Penalties Inflation Adjustment Act Act which agencies must complete by
Dated: February 1, 2018. Improvements Act of 2015 (Sec. 701 of January 15, 2018. See December 15,
Robert W. Patterson, Pub. L. 114–74) (‘‘the Act’’). The Act 2017, Memorandum for the Heads of
Acting Administrator. requires Federal agencies to adjust the Executive Departments and Agencies,
[FR Doc. 2018–02319 Filed 2–5–18; 8:45 am] level of civil monetary penalties with an from Mick Mulvaney, Director, Office of
BILLING CODE 4410–09–P initial ‘‘catch-up’’ adjustment through Management and Budget, re:
rulemaking and then make subsequent Implementation of the Penalty Inflation
annual adjustments for inflation. The Adjustments for 2018, Pursuant to the
DEPARTMENT OF THE INTERIOR purpose of these adjustments is to Federal Civil Penalties Inflation
maintain the deterrent effect of civil Adjustment Act Improvements Act of
Bureau of Indian Affairs penalties and to further the policy goals 2015 (M–18–03). The guidance states
[189A2100DD/AAKC001030/ of the underlying statutes. that the cost-of-living adjustment
A0A501010.999900253G] The Office of Management and Budget multiplier for 2018, based on the
(OMB) issued guidance for Federal Consumer Price Index (CPI–U) for the
25 CFR Parts 140, 141, 211, 213, 225, agencies on calculating the catch-up month of October 2017, not seasonally
226, 227, 243, and 249 adjustment. See February 24, 2016, adjusted, is 1.02041. (The annual
Memorandum for the Heads of inflation adjustments are based on the
RIN 1076–AF40
Executive Departments and Agencies, percent change between the October
Civil Penalties Inflation Adjustments; from Shaun Donovan, Director, Office of CPI–U preceding the date of the
Annual Adjustments Management and Budget, re: adjustment, and the prior year’s October
Implementation of the Federal Civil CPI–U. For 2017, OMB explains,
AGENCY: Bureau of Indian Affairs, Penalties Inflation Adjustment Act
Interior. October 2017 CPI–U (246.663)/October
Improvements Act of 2015 (M–16–06).
ACTION: Final rule.
2016 CPI–U (241.729) = 1.02041.) The
Under the guidance, the Department
guidance instructs agencies to complete
identified applicable civil monetary
SUMMARY: This rule provides for annual the 2018 annual adjustment by
penalties and calculated the catch-up
adjustments to the level of civil multiplying each applicable penalty by
adjustment. A civil monetary penalty is
monetary penalties contained in Bureau the multiplier, 1.02041, and rounding to
any assessment with a dollar amount
of Indian Affairs (Bureau) regulations to the nearest dollar. Further, agencies
that is levied for a violation of a Federal
account for inflation under the Federal should apply the multiplier to the most
civil statute or regulation, and is
Civil Penalties Inflation Adjustment Act assessed or enforceable through a civil recent penalty amount that includes the
Improvements Act of 2015 and Office of action in Federal court or an initial catch-up adjustment required by
Management and Budget (OMB) administrative proceeding. A civil the Act.
guidance. monetary penalty does not include a The annual adjustment applies to all
DATES: This rule is effective on February penalty levied for violation of a criminal civil monetary penalties with a dollar
6, 2018. statute, or fees for services, licenses, amount that are subject to the Act. This
FOR FURTHER INFORMATION CONTACT: permits, or other regulatory review. The final rule adjusts the following civil
Elizabeth Appel, Director, Office of calculated catch-up adjustment is based monetary penalties contained in the
Regulatory Affairs and Collaborative on the percent change between the Bureau’s regulations for 2018 by
daltland on DSKBBV9HB2PROD with RULES
Action, Office of the Assistant Consumer Price Index for all Urban multiplying 1.02041 (i.e., the cost-of-
Secretary—Indian Affairs; telephone Consumers (CPI0–U) for the month of living adjustment multiplier for 2018)
(202) 273–4680, elizabeth.appel@ October in the year of the previous by each penalty amount as updated by
bia.gov. adjustment (or in the year of the adjustment made in 2017:
VerDate Sep<11>2014 17:43 Feb 05, 2018 Jkt 244001 PO 00000 Frm 00018 Fmt 4700 Sfmt 4700 E:\FR\FM\06FER1.SGM 06FER1](https://thefederalregister.org/doc/83_FR_5217/page/1.svg)
![Federal Register / Vol. 83, No. 25 / Tuesday, February 6, 2018 / Rules and Regulations 5195
notwithstanding section 553 of the APA. § 140.3 [Amended] Authority: Sec. 3, 34 Stat. 543; secs. 1, 2,
Under the statutory framework and 45 Stat. 1478; sec. 3, 52 Stat. 1034, 1035; sec.
■ 2. In § 140.3, remove ‘‘$1,270’’ and 2(a), 92 Stat. 1660; and Sec. 701, Pub. L. 114–
OMB guidance, the new penalty levels add in its place ‘‘$1,296’’.
take effect immediately upon the 74, 129 Stat. 599.
effective date of the adjustment. The PART 141—BUSINESS PRACTICES ON § 226.42 [Amended]
statutory deadline does not allow time THE NAVAJO, HOPI AND ZUNI
to delay this rule’s effective date beyond RESERVATIONS ■ 12. In § 226.42, remove ‘‘$906’’ and
publication. Moreover, an effective date add in its place ‘‘$924’’.
after January 15 would delay ■ 3. The authority citation for part 141 § 226.43 [Amended]
application of the new penalty levels, continues to read as follows:
contrary to Congress’s intent. Authority: 5 U.S.C. 301; 25 U.S.C. 2 and 9;
■ 13. In § 226.43:
and Sec. 701, Pub. L. 114–74, 129 Stat. 599, ■ a. Remove ‘‘$90’’ each time it appears
List of Subjects and add in each place ‘‘$92’’ wherever
unless otherwise noted.
25 CFR Part 140 it appears in this section.
§ 141.50 [Amended] ■ b. In paragraph (e), remove ‘‘$181’’
Business and industry, Indians,
Penalties. ■ 4. In § 141.50, remove ‘‘$1,270’’ and and add in its place ‘‘$185’’.
add in its place ‘‘$1,296’’. ■ c. In paragraph (f), remove ‘‘$362’’ and
25 CFR Part 141 add in its place ‘‘$369’’.
PART 211—LEASING OF TRIBAL ■ d. In paragraph (g), remove ‘‘$906’’
Business and industry, Credit,
LANDS FOR MINERAL DEVELOPMENT and add in its place ‘‘$924’’.
Indians—business and finance,
Penalties. ■ 5. The authority citation for part 211 PART 227—LEASING OF CERTAIN
25 CFR Part 211 continues to read as follows: LANDS IN WIND RIVER INDIAN
Geothermal energy, Indians—lands, Authority: Sec. 4, Act of May 11, 1938 (52 RESERVATION, WYOMING, FOR OIL
Stat. 347); Act of August 1, 1956 (70 Stat. AND GAS MINING
Mineral resources, Mines, Oil and gas
744); 25 U.S.C. 396a–g; 25 U.S.C. 2 and 9;
exploration, Reporting and and Sec. 701, Pub. L. 114–74, 129 Stat. 599,
recordkeeping requirements. ■ 14. The authority citation for part 227
unless otherwise noted. continues to read as follows:
25 CFR Part 213 § 211.55 [Amended] Authority: Sec. 1, 39 Stat. 519; and Sec.
Indians—lands, Mineral resources, ■ 6. In § 211.55(a), remove ‘‘$1,527’’ and 701, Pub. L. 114–74, 129 Stat. 599, unless
Mines, Oil and gas exploration, otherwise noted.
add in its place ‘‘$1,558’’.
Reporting and recordkeeping § 227.24 [Amended]
requirements. PART 213—LEASING OF RESTRICTED
LANDS FOR MEMBERS OF FIVE ■ 15. In § 227.24, remove ‘‘$1,270’’ and
25 CFR Part 225 add in its place ‘‘$1,296’’.
CIVILIZED TRIBES, OKLAHOMA, FOR
Geothermal energy, Indians—lands, MINING
Mineral resources, Mines, Oil and gas PART 243—REINDEER IN ALASKA
exploration, Penalties, Reporting and ■ 7. The authority citation for part 213
recordkeeping requirements, Surety continues to read as follows: ■ 16. The authority citation for part 243
bonds. continues to read as follows:
Authority: Sec. 2, 35 Stat. 312; sec. 18, 41
Stat. 426; sec. 1, 45 Stat. 495; sec. 1, 47 Stat. Authority: Sec. 12, 50 Stat. 902; 25 U.S.C.
25 CFR Part 226 500K; and Sec. 701, Pub. L. 114–74, 129 Stat.
777; 25 U.S.C. 356; and Sec. 701, Pub. L.
Indians—lands. 114–74, 129 Stat. 599. Interpret or apply secs. 599.
25 CFR Part 227 3, 11, 35 Stat. 313, 316; sec. 8, 47 Stat. 779,
§ 243.8 [Amended]
unless otherwise noted.
Indians—lands, Mineral resources, ■ 17. In § 243.8(a) introductory text,
Mines, Oil and gas exploration, § 213.37 [Amended] remove ‘‘$5,989’’ and add in its place
Reporting and recordkeeping ■ 8. In § 213.37, remove ‘‘$1,270’’ and ‘‘$6,111’’.
requirements. add in its place ‘‘$1,296’’.
PART 249—OFF-RESERVATION
25 CFR Part 243 PART 225—OIL AND GAS, TREATY FISHING
Indians, Livestock. GEOTHERMAL AND SOLID MINERALS
AGREEMENTS ■ 18. The authority citation for part 249
25 CFR Part 249 continues to read as follows:
Fishing, Indians. ■ 9. The authority citation for part 225 Authority: 25 U.S.C. 2, and 9; 5 U.S.C. 301;
For the reasons given in the preamble, continues to read as follows: and Sec. 701, Pub. L. 114–74, 129 Stat. 599,
the Department of the Interior amends Authority: 25 U.S.C. 2, 9, and 2101–2108; unless otherwise noted.
25 CFR Chapter I as follows: and Sec. 701, Pub. L. 114–74, 129 Stat. 599.
§ 249.6 [Amended]
PART 140—LICENSED INDIAN § 225.37 [Amended]
■ 19. In § 249.6(b), remove ‘‘$1,270’’ and
TRADERS ■ 10. In § 225.37(a), remove ‘‘$1,617’’ add in its place ‘‘$1,296’’.
and add in its place ‘‘$1,650’’. Dated: January 24, 2018.
daltland on DSKBBV9HB2PROD with RULES
■ 1. The authority citation for part 140
continues to read as follows: PART 226—LEASING OF OSAGE John Tahsuda,
Authority: Sec. 5, 19 Stat. 200, sec. 1, 31 RESERVATION LANDS FOR OIL AND Principal Deputy Assistant Secretary—Indian
Stat. 1066 as amended; 25 U.S.C. 261, 262; GAS MINING Affairs, Exercising the Authority of the
94 Stat. 544, 18 U.S.C. 437; 25 U.S.C. 2 and Assistant Secretary—Indian Affairs.
9; 5 U.S.C. 301; and Sec. 701, Pub. L. 114– ■ 11. The authority citation for part 226 [FR Doc. 2018–02200 Filed 2–5–18; 8:45 am]
74, 129 Stat. 599, unless otherwise noted. continues to read as follows: BILLING CODE 4337–15–P
VerDate Sep<11>2014 17:43 Feb 05, 2018 Jkt 244001 PO 00000 Frm 00021 Fmt 4700 Sfmt 9990 E:\FR\FM\06FER1.SGM 06FER1](https://thefederalregister.org/doc/83_FR_5217/page/4.svg)
Document Created: 2018-02-06 00:30:26
Document Modified: 2018-02-06 00:30:26
| 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 February 6, 2018. | |
| Contact | Elizabeth Appel, Director, Office of Regulatory Affairs and Collaborative Action, Office of the Assistant Secretary--Indian Affairs; telephone (202) 273-4680, [email protected] | |
| FR Citation | 83 FR 5192 | |
| RIN Number | 1076-AF40 | |
| CFR Citation | 25
CFR
140 25 CFR 141 25 CFR 211 25 CFR 213 25 CFR 225 25 CFR 226 25 CFR 227 25 CFR 243 25 CFR 249 | |
| CFR Associated | Business and Industry; Indians; Penalties; Credit; Indians-Business and Finance; Geothermal Energy; Indians-Lands; Mineral Resources; Mines; Oil and Gas Exploration; Reporting and Recordkeeping Requirements; Surety Bonds; Livestock and Fishing |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR