83 FR 5950 - Civil Penalties; 2018 Inflation Adjustments for Civil Monetary Penalties
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service Federal Register Volume 83, Issue 29 (February 12, 2018)
Fish and Wildlife Service
Federal Register Volume 83, Issue 29 (February 12, 2018)
| Page Range | 5950-5952 | |
| FR Document | 2018-02769 |
[Federal Register Volume 83, Number 29 (Monday, February 12, 2018)] [Rules and Regulations] [Pages 5950-5952] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-02769] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF THE INTERIOR Fish and Wildlife Service 50 CFR Part 11 [Docket No. FWS-HQ-LE-2017-0097; FF09L00200-FX-LE18110900000] RIN 1018-BC05 Civil Penalties; 2018 Inflation Adjustments for Civil Monetary Penalties AGENCY: Fish and Wildlife Service, Interior. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The U.S. Fish and Wildlife Service (Service or we) is issuing this final rule, in accordance with the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (Inflation Adjustment Act) and Office of Management and Budget (OMB) guidance, to adjust for inflation the statutory civil monetary penalties that may be assessed for violations of Service-administered statutes and their implementing regulations. We are required to adjust civil monetary penalties annually for inflation according to a formula specified in the Inflation Adjustment Act. This rule replaces the previously issued amounts with the updated amounts after using the 2018 inflation adjustment multiplier provided in the OMB guidance. DATES: This rule is effective February 12, 2018. ADDRESSES: This rule may be found on the internet at http://www.regulations.gov in Docket No. FWS-HQ-LE-2017-0097. The previous rulemaking actions related to this rule and described below in SUPPLEMENTARY INFORMATION may be found at http://www.regulations.gov in Docket Nos. FWS-HQ-LE-2017-0001 and FWS-HQ-LE-2016-0045. FOR FURTHER INFORMATION CONTACT: Neil Gardner, Special Agent in Charge, Branch of Investigations, U.S. Fish and Wildlife Service, Office of Law Enforcement, (703) 358-1949. [[Page 5951]] SUPPLEMENTARY INFORMATION: Background The regulations in title 50 of the Code of Federal Regulations at 50 CFR part 11 provide uniform rules and procedures for the assessment of civil penalties resulting from violations of certain laws and regulations enforced by the Service. On November 2, 2015, the President signed into law the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (sec. 701 of Pub. L. 114-74) (Inflation Adjustment Act). The Inflation Adjustment Act requires Federal agencies to adjust the level of civil monetary penalties with an initial ``catch up'' adjustment through rulemaking and then make subsequent annual adjustments for inflation. The purpose of these adjustments is to maintain the deterrent effect of civil penalties and to further the policy goals of the underlying statutes. Under Section 4 of the Federal Civil Penalties Inflation Adjustment Act of 1990, 28 U.S.C. 2461 note, as amended by the Inflation Adjustment Act, Public Law 114-74, 129 Stat. 584 (2015), each Federal agency is required to issue regulations adjusting for inflation the statutory civil monetary penalties (civil penalties) that can be imposed under the laws administered by that agency. The Inflation Adjustment Act provided for an initial ``catch up adjustment'' to take effect no later than August 1, 2016, followed by subsequent adjustments to be made no later than January 15 every year thereafter. This final rule adjusts the civil penalty amounts that may be imposed pursuant to each statutory provision beginning on the date specified above in DATES. On June 28, 2016, the Service published in the Federal Register an interim rule that revised 50 CFR part 11 (81 FR 41862). We did not receive any comments on the interim rule during the public comment period provided. Therefore, the interim rule became effective on July 28, 2016, as specified in that rule. The Service subsequently published a final rule on December 23, 2016, adopting the interim rule as final (81 FR 94274). On January 19, 2017, the Service published a final rule updating the civil penalty amounts with the 2017 inflation multiplier (82 FR 6307). This final rule adjusts the civil monetary penalty amounts that were listed in the January 19, 2017, final rule and subsequently codified at 50 CFR 11.33 by using the 2018 inflation multiplier provided to all Federal agencies by OMB (see below). OMB issued a memorandum, M-18-03, entitled ``Implementation of Penalty Inflation Adjustments for 2018, Pursuant to the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015,'' which provides the cost-of-living adjustment multiplier for 2018: 1.02041. Therefore, we multiplied each penalty in the table published in the final rule on January 19, 2017 (82 FR 6307), by 1.02041 to obtain the 2018 annual adjustment. The new amounts are reflected in the table in the rule portion of this document and replace the current amounts in 50 CFR 11.33. Required Determinations In this final rule, we are affirming our required determinations made in the June 28, 2016, interim rule (81 FR 41862); for descriptions of our actions to ensure compliance with the following statutes and Executive Orders, see that rule: National Environmental Policy Act (42 U.S.C. 4321 et seq.); Regulatory Flexibility Act (5 U.S.C. 601 et seq.); Small Business Regulatory Enforcement Fairness Act (5 U.S.C. 804(2)); Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.); Unfunded Mandates Reform Act (2 U.S.C. 1501 et seq.); Executive Orders 12630, 12866, 12988, 13132, 13175, 13211, and 13563; and Executive Order 13771, Reducing Regulation and Controlling Regulatory Costs This rule is not an Executive Order 13771 regulatory action because this rule is not significant under Executive Order 12866. Administrative Procedure Act As stated above, under Section 4 of the Federal Civil Penalties Inflation Adjustment Act of 1990, 28 U.S.C. 2461 note, as amended by the Inflation Adjustment Act, Public Law 114-74, 129 Stat. 584 (2015), each Federal agency is required to issue regulations adjusting for inflation the statutory civil monetary penalties that can be imposed under the laws administered by that agency. The Inflation Adjustment Act provided for an initial ``catch up adjustment'' to take effect no later than August 1, 2016, followed by subsequent adjustments to be made no later than January 15 every year thereafter. This final rule adjusts the civil penalty amounts that may be imposed pursuant to each statutory provision beginning on the effective date of this rule. To comply with the Inflation Adjustment Act, we are issuing these regulations as a final rule. Section 553(b) of the Administrative Procedure Act (5 U.S.C. 551 et seq.) provides that, when an agency for good cause finds that notice and public procedure are impracticable, unnecessary, or contrary to the public interest, the agency may issue a rule without providing notice and an opportunity for prior public comment. The Service finds that providing for public comment before issuing this rule is unnecessary as this rulemaking is a nondiscretionary action. The Service is required to publish this rule in order to update the civil penalty amounts by the specified formula described above. The Service has no discretion to vary the amount of the adjustment to reflect any views or suggestions provided by commenters. Since this update to the January 19, 2017, final rule (82 FR 6307) is merely ministerial, we find that pre- publication notice and public comment with respect to the revisions set forth in this rule is unnecessary. We also believe that we have good cause under 5 U.S.C. 553(d) to make this rule effective upon publication to meet the statutory deadline imposed by the Inflation Adjustment Act. List of Subjects in 50 CFR Part 11 Administrative practice and procedure, Exports, Fish, Imports, Penalties, Plants, Transportation, Wildlife. Regulation Promulgation For the reasons described above, we amend part 11, subchapter B of chapter I, title 50 of the Code of Federal Regulations as set forth below. PART 11--CIVIL PROCEDURES 0 1. The authority citation for part 11 continues to read as follows: Authority: 16 U.S.C. 470aa-470mm, 470aaa-470aaa-11, 668-668d, 1361-1384, 1401-1407, 1531-1544, 3371-3378, 4201-4245, 4901-4916, 5201-5207, 5301-5306; 18 U.S.C. 42-43; 25 U.S.C. 3001-3013; and Sec. 107, Pub. L. 114-74, 129 Stat. 599, unless otherwise noted. 0 2. Revise the table in Sec. 11.33 to read as follows: Sec. 11.33 Adjustments to penalties. * * * * * [[Page 5952]] ---------------------------------------------------------------------------------------------------------------- Maximum civil Law Citation Type of violation monetary penalty ---------------------------------------------------------------------------------------------------------------- (a) African Elephant Conservation Act. 16 U.S.C. 4224(b)........ Any violation................ $10,260 (b) Bald and Golden Eagle Protection 16 U.S.C. 668(b)......... Any violation................ 12,964 Act. (c) Endangered Species Act of 1973.... 16 U.S.C. 1540(a)(1)..... (1) Knowing violation of 51,302 section 1538. (2) Other knowing violation.. 24,625 (3) Any other violation...... 1,296 (d) Lacey Act Amendments of 1981...... 16 U.S.C. 3373(a)........ (1) Violations referred to in 25,928 16 U.S.C. 3373(a)(1). (2) Violations referred to in 648 16 U.S.C. 3373(a)(2). (e) Marine Mammal Protection Act of 16 U.S.C. 1375........... Any violation................ 25,928 1972. (f) Recreational Hunting Safety Act of 16 U.S.C. 5202(b)........ (1) Violation involving use 16,499 1994. of force or violence or threatened use of force or violence. (2) Any other violation...... 8,249 (g) Rhinoceros and Tiger Conservation 16 U.S.C. 5305a(b)(2).... Any violation................ 18,049 Act of 1998. (h) Wild Bird Conservation Act........ 16 U.S.C. 4912(a)(1)..... (1) Violation of section 43,488 4910(a)(1), section 4910(a)(2), or any permit issued under section 4911. (2) Violation of section 20,874 4910(a)(3). (3) Any other violation...... 870 ---------------------------------------------------------------------------------------------------------------- Jason Larrabee, Principal Deputy Assistant Secretary, Fish and Wildlife and Parks, Exercising the Authority of the Assistant Secretary, Fish and Wildlife and Parks. [FR Doc. 2018-02769 Filed 2-9-18; 8:45 am] BILLING CODE 4333-15-P
![5950 Federal Register / Vol. 83, No. 29 / Monday, February 12, 2018 / Rules and Regulations
described in the Unfunded Mandates 10. Executive Order 12988 Intergovernmental relations; Penalties;
Reform Act of 1995 (Pub. L. 104–4). As required by Section 3 of Executive Reporting and recordkeeping
Order 12988 (61 FR 4729, February 7, requirements.
5. Executive Order 13132: Federalism
1996), in issuing this rule, EPA has Authority: This action is issued under the
Executive Order 13132 (64 FR 43255, taken the necessary steps to eliminate authority of Sections 2002(a), 3006 and
August 10, 1999) does not apply to this drafting errors and ambiguity, minimize 7004(b) of the Solid Waste Disposal Act, as
potential litigation, and provide a clear amended, 42 U.S.C. 6912(a), 6926, 6974(b).
proposed rule because it will not have
federalism implications (i.e., substantial legal standard for affected conduct. Dated: January 23, 2018.
direct effects on the states, on the Cathy Stepp,
11. Executive Order 12630: Evaluation
relationship between the national of Risk and Avoidance of Unanticipated Regional Administrator, Region 5.
government and the states, or on the Takings [FR Doc. 2018–02811 Filed 2–9–18; 8:45 am]
distribution of power and BILLING CODE 6560–50–P
responsibilities among the various EPA has complied with Executive
Order 12630 (53 FR 8859, March 18,
levels of government).
1988) by examining the takings
implications of these rules in DEPARTMENT OF THE INTERIOR
6. Executive Order 13175: Consultation
and Coordination With Indian Tribal accordance with the Attorney General’s Fish and Wildlife Service
Governments Supplemental Guidelines for the
Evaluation of Risk and Avoidance of 50 CFR Part 11
Executive Order 13175 (65 FR 67249, Unanticipated Takings issued under the
November 9, 2000) does not apply to executive order. [Docket No. FWS–HQ–LE–2017–0097;
this rule because it will not have tribal FF09L00200–FX–LE18110900000]
implications (i.e., substantial direct 12. Executive Order 12898: Federal
Actions To Address Environmental RIN 1018–BC05
effects on one or more Indian tribes, or
Justice in Minority Populations and Low Civil Penalties; 2018 Inflation
on the relationship between the Federal
Income Populations Adjustments for Civil Monetary
Government and Indian tribes, or on the
distribution of power and Because this rulemaking proposes Penalties
responsibilities between the Federal authorization of pre-existing state rules
and imposes no additional requirements AGENCY: Fish and Wildlife Service,
Government and Indian tribes). Interior.
beyond those imposed by state law and
7. Executive Order 13045: Protection of there are no anticipated significant ACTION: Final rule.
Children From Environmental Health adverse human health or environmental SUMMARY: The U.S. Fish and Wildlife
and Safety Risks effects, the rule is not subject to Service (Service or we) is issuing this
Executive Order 12898 (59 FR 7629, final rule, in accordance with the
This rule is not subject to Executive
February 16, 1994). Federal Civil Penalties Inflation
Order 13045 (62 FR 19885, April 23,
1997), because it is not economically 13. Executive Order 13771: Reducing Adjustment Act Improvements Act of
significant as defined in Executive Regulations and Controlling Regulatory 2015 (Inflation Adjustment Act) and
Order 12866 and because the EPA does Costs Office of Management and Budget
not have reason to believe the (OMB) guidance, to adjust for inflation
This action is not an Executive Order
environmental health or safety risks the statutory civil monetary penalties
13771 (82 FR 9339, February 3, 2017)
addressed by this action present a that may be assessed for violations of
regulatory action because actions such Service-administered statutes and their
disproportionate risk to children. as today’s final authorization of Ohio’s implementing regulations. We are
8. Executive Order 13211: Actions That revised hazardous program under RCRA required to adjust civil monetary
Significantly Affect Energy Supply, are exempted under Executive Order penalties annually for inflation
Distribution, or Use 12866. according to a formula specified in the
14. Congressional Review Act Inflation Adjustment Act. This rule
This rule is not subject to Executive replaces the previously issued amounts
Order 13211 (66 FR 28355, May 22, EPA will submit a report containing
this rule and other information required with the updated amounts after using
2001), because it is not a significant the 2018 inflation adjustment multiplier
regulatory action as defined in by the Congressional Review Act (5
U.S.C. 801 et seq.) to the U.S. Senate, provided in the OMB guidance.
Executive Order 12866. DATES: This rule is effective February
the U.S. House of Representatives, and
9. National Technology Transfer the Comptroller General of the United 12, 2018.
Advancement Act States prior to publication in the ADDRESSES: This rule may be found on
Federal Register. A major rule cannot the internet at http://
EPA approves state programs as long take effect until sixty (60) days after it www.regulations.gov in Docket No.
as they meet criteria required by RCRA, is published in the Federal Register. FWS–HQ–LE–2017–0097. The previous
so it would be inconsistent with This action is not a ‘‘major rule’’ as rulemaking actions related to this rule
applicable law for EPA, in its review of defined by 5 U.S.C. 804(2). This final and described below in SUPPLEMENTARY
a state program, to require the use of any authorization will be effective February INFORMATION may be found at http://
particular voluntary consensus standard 12, 2018. www.regulations.gov in Docket Nos.
in place of another standard that meets FWS–HQ–LE–2017–0001 and FWS–
daltland on DSKBBV9HB2PROD with RULES
the requirements of RCRA. Thus, the List of Subjects in 40 CFR Part 271 HQ–LE–2016–0045.
requirements of section 12(d) of the Environmental protection; FOR FURTHER INFORMATION CONTACT: Neil
National Technology Transfer and Administrative practice and procedure; Gardner, Special Agent in Charge,
Advancement Act of 1995 (15 U.S.C. Confidential business information; Branch of Investigations, U.S. Fish and
272 note) do not apply to this proposed Hazardous materials transportation; Wildlife Service, Office of Law
rule. Hazardous waste; Indians—lands; Enforcement, (703) 358–1949.
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![5952 Federal Register / Vol. 83, No. 29 / Monday, February 12, 2018 / Rules and Regulations
Maximum civil
Law Citation Type of violation monetary
penalty
(a) African Elephant Conservation Act ................. 16 U.S.C. 4224(b) ......... Any violation ......................................................... $10,260
(b) Bald and Golden Eagle Protection Act ........... 16 U.S.C. 668(b) ........... Any violation ......................................................... 12,964
(c) Endangered Species Act of 1973 .................... 16 U.S.C. 1540(a)(1) .... (1) Knowing violation of section 1538 .................. 51,302
(2) Other knowing violation .................................. 24,625
(3) Any other violation .......................................... 1,296
(d) Lacey Act Amendments of 1981 ..................... 16 U.S.C. 3373(a) ......... (1) Violations referred to in 16 U.S.C. 3373(a)(1) 25,928
(2) Violations referred to in 16 U.S.C. 3373(a)(2) 648
(e) Marine Mammal Protection Act of 1972 .......... 16 U.S.C. 1375 ............. Any violation ......................................................... 25,928
(f) Recreational Hunting Safety Act of 1994 ......... 16 U.S.C. 5202(b) ......... (1) Violation involving use of force or violence or 16,499
threatened use of force or violence.
(2) Any other violation .......................................... 8,249
(g) Rhinoceros and Tiger Conservation Act of 16 U.S.C. 5305a(b)(2) .. Any violation ......................................................... 18,049
1998.
(h) Wild Bird Conservation Act ............................. 16 U.S.C. 4912(a)(1) .... (1) Violation of section 4910(a)(1), section 43,488
4910(a)(2), or any permit issued under section
4911.
(2) Violation of section 4910(a)(3) ....................... 20,874
(3) Any other violation .......................................... 870
Jason Larrabee, Cooperative to the Catcher Processor the required fields if you wish to remain
Principal Deputy Assistant Secretary, Fish Cooperative was necessary to prevent anonymous). Attachments to electronic
and Wildlife and Parks, Exercising the the Catcher Processor Cooperative from comments will be accepted in Microsoft
Authority of the Assistant Secretary, Fish and reaching its quota for widow rockfish Word, Excel, or Adobe PDF file formats
Wildlife and Parks. early, thereby closing the fishery before only.
[FR Doc. 2018–02769 Filed 2–9–18; 8:45 am] the end of the season and preventing FOR FURTHER INFORMATION CONTACT:
BILLING CODE 4333–15–P attainment of their Pacific whiting Keeley Kent (West Coast Region,
allocation. NMFS), phone: 206–526–4655 or email:
DATES: The reapportionment of Pacific Keeley.Kent@noaa.gov.
DEPARTMENT OF COMMERCE whiting was applicable from 12 p.m. SUPPLEMENTARY INFORMATION:
Pacific standard time, September 15, Electronic Access
National Oceanic and Atmospheric 2017, until December 31, 2017. The
Administration reapportionment of widow rockfish was This notification is accessible via the
applicable from 8 p.m. Pacific standard internet at the Office of the Federal
50 CFR Part 660 time, August 30, 2017, until December Register’s website at http://
[Docket No. 160808696–7010–02] 31, 2017. Comments will be accepted www.gpo.gov/fdsys/search/home.action.
through February 26, 2018. Background information and documents
RIN 0648–BH38 are available at the Pacific Fishery
ADDRESSES: You may submit comments,
identified by NOAA–NMFS–2017–0136 Management Council’s website at http://
2017 Tribal Fishery Allocations for www.pcouncil.org/.
Pacific Whiting; Reapportionment by any of the following methods:
Between Tribal and Non-Tribal • Electronic Submissions: Submit all Background
Sectors; Widow Rockfish electronic public comments via the
Federal eRulemaking Portal at Pacific Whiting
Reapportionment in the Pacific Whiting
Fishery www.regulations.gov/#!docketDetail;D= Pacific whiting (Merluccius
NOAA-NMFS-2017-0136, click the productus) is a very productive species
AGENCY: National Marine Fisheries ‘‘Comment Now!’’ icon, complete the with highly variable recruitment (the
Service (NMFS), National Oceanic and required fields, and enter or attach your biomass of fish that mature and enter
Atmospheric Administration (NOAA), comments. the fishery each year) and a relatively
Commerce. • Mail: Barry A. Thom., Regional short life span when compared to other
ACTION: Temporary rule; Administrator, West Coast Region, groundfish species. Pacific whiting has
reapportionment of tribal Pacific NMFS, 7600 Sand Point Way NE, the largest (by volume) annual allowable
whiting allocation and widow rockfish Seattle, WA 98115–0070, Attn: Keeley harvest levels of the more than 90
allocation. Kent. groundfish species managed under the
Instructions: Comments sent by any Pacific Coast Groundfish Fishery
SUMMARY: This document announces the other method, to any other address or Management Plan (FMP), which governs
reapportionment of 41,000 metric tons individual, or received after the end of the groundfish fishery off Washington,
(mt) of Pacific whiting from the tribal the comment period, may not be Oregon, and California. The coastwide
allocation to the non-tribal commercial considered by NMFS. All comments Pacific whiting stock is managed jointly
fishery sectors via automatic action on received are a part of the public record. by the United States (U.S.) and Canada,
September 15, 2017, in order to allow All personal identifying information and mature Pacific whiting are
daltland on DSKBBV9HB2PROD with RULES
full utilization of the Pacific whiting (e.g., name, address, etc.), confidential commonly available to vessels operating
resource, and the reapportionment of 47 business information, or otherwise in U.S. waters from April through
mt of widow rockfish in the Pacific sensitive information submitted December. Background on the stock
whiting fishery via automatic action on voluntarily by the sender will be assessment for and the establishment of
August 30, 2017. The reapportionment publicly accessible. NMFS will accept the 2017 Total Allowable Catch (TAC)
of widow rockfish from the Mothership anonymous comments (enter ‘‘N/A’’ in for Pacific whiting is provided in the
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Document Created: 2018-11-01 08:43:23
Document Modified: 2018-11-01 08:43:23
| 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 February 12, 2018. | |
| Contact | Neil Gardner, Special Agent in Charge, Branch of Investigations, U.S. Fish and Wildlife Service, Office of Law Enforcement, (703) 358-1949. | |
| FR Citation | 83 FR 5950 | |
| RIN Number | 1018-BC05 | |
| CFR Associated | Administrative Practice and Procedure; Exports; Fish; Imports; Penalties; Plants; Transportation and Wildlife |
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