Civil Monetary Penalties, 18444-18448 [2014-07101]
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number of small entities’’ (5 U.S.C. 603).
This rule updates section of the CFR to
align with Federal guidelines and does
not have a significant economic impact
on a substantial number of small
entities.
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Act
This direct final rule does not contain
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subject to the Paperwork Reduction Act
of 1995 (44 U.S.C. 3501 et seq.).
Review Under Executive Order of 13132
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64 FR 43255 (August 4, 1999) requires
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local governments within the meaning
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Federalism assessment is required.
List of Subjects in 14 CFR Part 1201
Boards and committees, Organization.
Accordingly, 14 CFR part 1201 is
amended as follows:
PART 1201—STATEMENT OF
ORGANIZATION AND GENERAL
INFORMATION
1. The authority citation for part 1201
is revised to read as follows:
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https://www.nasa.gov/about/org_
index.html.
Subpart 3—Boards and Committees
4. Section 1201.300 is revised to read
as follows:
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§ 1201.300
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Authority: 51 U.S.C. 20112(h).
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Subpart 1—Introduction
Charles F. Bolden, Jr.
Administrator.
§ 1201.100
[FR Doc. 2014–07328 Filed 4–1–14; 8:45 am]
[Amended]
2. Section 1201.100 is amended by
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‘‘(72 Stat. 426, 42 U.S.C. 2451 et seq.)’’
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BILLING CODE P
DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation
and Enforcement
Subpart 2—Organization
30 CFR Parts 723, 724, 845, and 846
3. Section 1201.200 is revised to read
as follows:
■
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§ 1201.200
General.
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Jet Propulsion Laboratory (a Federally
Funded Research and Development
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Directors. Responsibility for overall
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Headquarters located in Washington,
DC. For additional information, visit
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[Docket ID: OSM–2013–0003; S1D1S
SS08011000 SX066A00067F 134S180110;
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13XS501520]
Civil Monetary Penalties
Office of Surface Mining
Reclamation and Enforcement, Interior.
ACTION: Final rule.
AGENCY:
This rule adjusts the penalty
amount of certain civil monetary
penalties authorized by the Surface
SUMMARY:
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Mining Control and Reclamation Act of
1977 (SMCRA). The rule implements
SMCRA and the Federal Civil Penalties
Inflation Adjustment Act of 1990, which
requires that civil monetary penalties be
adjusted for inflation at least once every
four years.
DATES: Effective Date: May 2, 2014.
FOR FURTHER INFORMATION CONTACT:
Adrienne Alsop, Office of Surface
Mining Reclamation and Enforcement,
South Interior Building MS–203, 1951
Constitution Avenue NW., Washington,
DC 20240; Telephone (202) 208–2818.
Email: aalsop@osmre.gov.
SUPPLEMENTARY INFORMATION:
I. Background
A. The Federal Civil Penalties Inflation
Adjustment Act of 1990
B. Method of Calculation
C. Example of a Calculation
D. Civil Monetary Penalties Affected by
This Adjustment
E. Effect of the Rule in Federal Program
States and on Indian Lands
F. Effect of the Rule on Approved State
Programs
II. Procedural Matters and Required
Determinations
I. Background
A. The Federal Civil Penalties Inflation
Adjustment Act of 1990
In an effort to maintain the deterrent
effect of civil monetary penalties (CMPs)
and promote compliance with the law,
the Federal Civil Penalties Inflation
Adjustment Act of 1990 (Inflation
Adjustment Act), as amended by the
Debt Collection Improvement Act of
1996, requires Federal agencies to
regularly adjust CMPs for inflation. 28
U.S.C. 2461, note. The Inflation
Adjustment Act, as amended, requires
each agency to make an initial inflation
adjustment for all applicable CMPs, and
to make subsequent adjustments at least
once every four years thereafter. We, the
Office of Surface Mining Reclamation
and Enforcement (OSMRE), have
adjusted the CMPs authorized by
SMCRA on four previous occasions:
November 28, 1997 (62 FR 63274),
November 21, 2001 (66 FR 58644),
November 22, 2005 (70 FR 70698), and
July 15, 2009 (74 FR 34490). As required
by the Inflation Adjustment Act, we are
again adjusting our CMPs according to
the formula set forth in the law.
Under the Inflation Adjustment Act,
the amount of the adjustment for a CMP
is determined by increasing the CMP by
the amount of the cost-of-living
adjustment. The cost-of-living
adjustment is defined as the percentage
of each CMP by which the Consumer
Price Index for the month of June of the
calendar year preceding the adjustment
exceeds the Consumer Price Index for
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the month of June of the calendar year
in which the amount of the CMP was
last set or adjusted. The Inflation
Adjustment Act defines the Consumer
Price Index as the ‘‘Consumer Price
Index for all-urban consumers [the CPI–
U] published by the Department of
Labor.’’ See 28 U.S.C. 2461, note. The
Inflation Adjustment Act specifies that
any resulting increases in a CMP must
be rounded according to a stated
rounding formula. Id. The increased
CMPs apply only to violations that
occur after the date the increase takes
effect. Id.
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B. Method of Calculation
Because these adjustments will be
effective before December 31, 2014, we
are calculating the CMP increases based
on the CPI-U inflation factor for the
month of June 2013, which is 233.504.
Because of the rounding formula
contained in the Inflation Adjustment
Act, we did not adjust all CMPs in 2001,
2005, or 2009. Therefore, we are using
four different multipliers to calculate
the current CMP adjustments.
First, for the CMPs that were last
adjusted in 1997, we are using a
multiplier of 1.4567 (45.67 percent
increase). We arrived at this multiplier
by dividing the CPI-U for June 2013
(233.504) by the CPI-U for June 1997
(160.3).
Second, for the CMPs that were last
adjusted in 2001, we are using a
multiplier of 1.3118 (a 31.18 percent
increase). We arrived at this multiplier
by dividing the CPI-U for June 2013
(233.504) by the CPI-U for June 2001
(178.0).
Third, for the CMPs that were last
adjusted in 2005, we are using a
multiplier of 1.2005 (a 20.05 percent
increase). We arrived at this multiplier
by dividing the CPI-U for June 2013
(233.504) by the CPI-U for June 2005
(194.5).
Fourth, for the CMPs that were last
adjusted in 2009, we are using a
multiplier of 1.0826 (a 8.26 percent
increase). We arrived at this multiplier
by dividing the CPI-U for June 2013
(233.504) by the CPI-U for June 2009
(215.693).
Any potential increase under these
adjustments is subject to the rounding
formula set forth in section 5(a) of the
Inflation Adjustment Act. Under the
formula, any increase must be rounded
to the nearest:
(1) multiple of $10 in the case of
penalties less than or equal to $100;
(2) multiple of $100 in the case of
penalties greater than $100 but less than
or equal to $1,000;
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(3) multiple of $1,000 in the case of
penalties greater than $1,000 but less
than or equal to $10,000;
(4) multiple of $5,000 in the case of
penalties greater than $10,000 but less
than or equal to $100,000;
(5) multiple of $10,000 in the case of
penalties greater than $100,000 but less
than or equal to $200,000; and
(6) multiple of $25,000 in the case of
penalties greater than $200,000.
See 28 U.S.C. 2461, note.
C. Example of a Calculation
The following example illustrates the
inflation adjustment calculation based
on a CMP that was last adjusted in 2009.
Generally, OSMRE assigns points to a
violation as described in 30 CFR 845.13.
The CMP owed is based on the number
of points received. For example, under
our existing regulations in 30 CFR
845.14, a violation totaling 70 points
would amount to a $7,500 CMP.
To adjust this amount, using the
formula above, we multiply $7,500 by
the inflation factor of 1.0826, resulting
in a raw inflation amount of $8,119.50.
Because the Inflation Adjustment Act
requires us to round any increase in the
CMP amount, we must then calculate
the difference in the raw inflation
amount and the existing penalty. So, we
subtract the current penalty amount
($7,500.00) from the raw inflation
adjustment ($8,119.50), which results in
an increase of $619.50.
The rounding formula in section 5(a)
of the Inflation Adjustment Act specifies
that if the penalty is greater than $1,000
but less than $10,000, the increase must
be rounded to the nearest multiple of
$1,000. Because the difference of
$619.50 (noted above) is greater than
$500.00 (half of $1,000), we will round
the increase up to $1,000.00. Therefore,
the existing penalty will increase to
$8,500.00.
For those CMPs that were last
adjusted in 1997, 2001 or 2005, the
method of calculation would be the
same, but the multiplier would be either
1.4567, 1.3118 or 1.2005, respectively,
instead of 1.0826. When the regulations
in 30 CFR 845.14 were issued in 1982
(47 FR 35640), the amount of the civil
penalty that was assessed increased by
$20.00 with each additional point that
was assessed from 2 through 25, and the
penalty increased by $100.00 with each
additional point that was assessed from
26 through 70. For example, an
assessment of 47 points resulted in a
penalty of $2,700.00, and an assessment
of 48 points resulted in an assessment
of $2,800.00. Because of the rounding
formula required by the Inflation
Adjustment Act, the difference in the
penalty amount for each additional
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18445
point is no longer consistent in many
instances.
D. Civil Monetary Penalties Affected By
This Adjustment
Section 518 of SMCRA, 30 U.S.C.
1268, authorizes the Secretary of the
Interior to assess CMPs for violations of
SMCRA. OSMRE’s regulations
implementing the CMP provisions of
section 518 are located in 30 CFR parts
723, 724, 845, and 846. We are adjusting
CMPs in four sections—30 CFR 723.14,
724.14, 845.14, and 846.14. When we
review and adjust our CMPs in 2018, we
will compare the CPI-U for June 2017
with the CPI-U for the year in which
each CMP was last adjusted.
E. Effect of the Rule in Federal Program
States and on Indian Lands
The increase in civil monetary
penalties contained in this rule will
apply through cross-referencing to the
following Federal program states:
Arizona, California, Georgia, Idaho,
Massachusetts, Michigan, North
Carolina, Oregon, Rhode Island, South
Dakota, Tennessee, and Washington.
The Federal programs for those States
appear at 30 CFR parts 903, 905, 910,
912, 921, 922, 933, 937, 939, 941, 942,
and 947, respectively. The increase in
civil monetary penalties also applies
through cross-referencing to Indian
lands under the Federal program for
Indian lands as provided for in 30 CFR
750.18.
F. Effect of the Rule on Approved State
Programs
Section 518(i) of SMCRA requires that
the civil penalty provisions of each
State program contain penalties which
are ‘‘no less stringent than’’ those set
forth in SMCRA. Our regulations specify
that each State program ‘‘shall contain
penalties which are no less stringent
than those set forth in section 518 of the
Act and shall be consistent with 30 CFR
part 845.’’ 30 CFR 840.13(a). In order to
implement the penalty provisions of
section 518(a) of SMCRA, we developed
a point system for determining the
amount of the CMP to assess for a
violation of our regulations. 44 FR
15461–63 (Mar. 13, 1979). However, in
a 1980 decision on OSMRE’s regulations
governing CMPs, the U.S. District Court
for the District of Columbia held that
because section 518 of SMCRA fails to
enumerate a point system for assessing
CMPs, we cannot require the States to
adopt the point system and civil penalty
amounts found in 30 CFR 845.14. In re
Permanent Surface Mining Regulation
Litigation, No. 79–1144, Mem. Op.
(D.D.C. Feb. 26, 1980), 14 Env’t Rep.
Cas. (BNA) 1083. In response to the
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Secretary’s request for clarification, the
Court further stated that it could not
uphold requiring the States to impose
penalties as stringent as those appearing
in 30 CFR 845.15. In re Permanent
Surface Mining Regulation Litigation,
No. 79–1144, Mem. Op. (D.D.C. May 16,
1980), 19 Env’t Rep. Cas. (BNA) 1477.
As a result of the litigation, 30 CFR
840.13(a) was suspended in part on
August 4, 1980. 45 FR 51548.
Consequently, State regulatory programs
are not required to mirror all of the
penalty provisions of our regulations.
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II. Procedural Matters and Required
Determinations Administrative
Procedure Act
This final rule has been issued
without prior public notice or
opportunity for public comment. The
Administrative Procedure Act (APA)
provides an exception to the notice and
comment procedures when an agency
finds there is good cause for dispensing
with such procedures on the basis that
they are impracticable, unnecessary, or
contrary to the public interest. 5 U.S.C.
553(b). We have determined that under
5 U.S.C. 553(b), good cause exists for
dispensing with the notice of proposed
rulemaking and public comment
procedures for this rule. This
rulemaking is consistent with the
statutory authority and requirements set
forth in the Inflation Adjustment Act as
amended by the Debt Collection
Improvement Act of 1996. The Inflation
Adjustment Act requires that we adjust
our CMPs once every four years and
specifies the manner in which the
adjustment is to be made. Accordingly,
the adjustments made are ministerial,
technical, and non-discretionary.
Executive Order 12866—Regulatory
Planning and Review
This rule has been reviewed under the
provisions of Executive Order 12866
and is not considered a significant
regulatory action. This determination is
based on the fact that the rule adjusts
OSMRE’s CMPs according to the
formula contained in the Inflation
Adjustment Act. OSMRE has no
discretion in making the adjustments.
Further, most coal mining operations
subject to the rule do not engage in
prohibited activities and practices and,
as a result, we believe that the aggregate
economic impact of these revised
regulations will be minimal, affecting
only those who may engage in
prohibited behavior in violation of
SMCRA.
Our civil penalty data for Fiscal Years
2009–2013 indicates that over a fiveyear period, we collected an average of
approximately $345,903 annually for all
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violations. If we assume that the average
annual collection remains constant at
$345,903, and we adjusted that
collection figure for inflation using the
largest inflation factor contained in this
rule (45.67 percent), the CMPs collected
annually under the new penalty
amounts would result in an annual
increase of approximately $157,974 for
a total CMP collection of $503,877
annually. Because the majority of the
increases are based on lower inflation
factors (8.26 percent or 20.05 percent)
the actual annual increase will be even
less. Consequently, the annual increase
in CMPs that we might reasonably
expect to collect under the revised
dollar amounts contained in this rule is
substantially less than the $100 million
annual threshold contained in Executive
Order 12866 for an economically
significant rule. Based on the above
data, we have determined that:
a. The rule will not have an annual
effect of $100 million or more on the
economy, nor will it adversely affect in
a material way the economy,
productivity, competition, jobs, the
environment, public health or safety, or
State, local, or Tribal governments or
communities.
b. The rule will not create a serious
inconsistency or otherwise interfere
with an action taken or planned by
another agency.
c. The rule will not alter the
budgetary effects of entitlements, grants,
user fees, or loan programs or the rights
or obligations of their recipients.
d. The rule does not raise novel legal
or policy issues.
Regulatory Flexibility Act
The Department of the Interior
certifies that this revision will not have
a significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.). As discussed above,
the aggregate economic impact of this
rulemaking on small business entities
should be minimal, and affects only
those who violate the provisions of
SMCRA.
Small Business Regulatory Enforcement
Fairness Act
For the reasons previously stated, this
rule is not considered a major rule
under 5 U.S.C. 804(2), the Small
Business Regulatory Enforcement
Fairness Act. This rule:
1. Will not have an annual effect on
the economy of $100 million.
2. Will not cause a major increase in
costs or prices for consumers,
individual industries, federal, state, or
local government agencies, or
geographic regions because the rule
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does not impose new requirements on
the coal mining industry or consumers.
3. Will 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.
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. As
previously discussed, the annual
increase in CMPs that we might
reasonably expect to collect under the
revised dollar amounts contained in this
rule is substantially less than the $100
million annual threshold. A statement
containing the information required by
the Unfunded Mandates Reform Act (2
U.S.C. 1531 et seq.) is not required.
Federal Paperwork Reduction Act
This rule does not contain collections
of information which require approval
by the Office of Management and
Budget under 44 U.S.C. 3501 et seq.
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 is not
required because we have determined
the rule is covered by the categorical
exclusion listed in the Department of
the Interior regulations at 43 CFR
46.210(i). That categorical exclusion
covers policies, directives, regulations
and guidelines that are of an
administrative, financial, legal,
technical, or procedural nature. 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 the National Environmental
Policy Act.
Executive Order 12988—Civil Justice
Reform
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.
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Executive Order 13211—Regulations
That Significantly Affect the Supply,
Distribution, or Use of Energy
Executive Order 13211 requires
agencies to prepare a Statement of
Energy Effects for a rule that is (1)
considered significant under Executive
Order 12866, and (2) likely to have a
significant adverse effect on the supply,
distribution, or use of energy. Because
this rule is not considered significant
under Executive Order 12866 and is not
expected to have a significant adverse
effect on the supply, distribution, or use
of energy, a Statement of Energy Effects
is not required.
Executive Order 13175—Consultation
and Coordination With Indian Tribal
Governments
In accordance with Executive Order
13175, we have evaluated the potential
effects of this rule on Federally
recognized Indian Tribes and have
determined that the proposed revisions
would not have substantial direct effects
on the relationship between the Federal
Government and Indian Tribes, or on
the distribution of power and
responsibilities between the Federal
Government and Indian Tribes.
30 CFR Part 845
Administrative practice and
procedure, Law enforcement, Penalties,
Reporting and recordkeeping
requirements, Surface mining,
Underground mining.
30 CFR Part 846
Administrative practice and
procedure, Penalties, Surface mining,
Underground mining.
Dated: March 13, 2014.0;
Tommy P. Beaudreau,
Principal Deputy Assistant Secretary, Land
and Minerals Management.
For the reasons set out in the
preamble, 30 CFR parts 723, 724, 845
and 846 are amended as follows:
PART 723—CIVIL PENALTIES
1. The authority citation for part 723
continues to read as follows:
■
Authority: 28 U.S.C. 2461, 30 U.S.C. 1201
et seq., and 31 U.S.C. 3701.
2. Section 723.14 is amended by
revising the table to read as follows:
■
§ 723.14
penalty.
*
Executive Order 12630—Takings
Under the criteria in Executive Order
12630, this rule does not have
significant takings implications;
therefore, a takings implication
assessment is not required. This
determination is based on the fact that
the rule will not have an impact on the
use or value of private property.
Executive Order 13132—Federalism
This rule does not have Federalism
implications. It will not 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.’’
Data Quality Act
In developing this rule we did not
conduct or use a study, experiment, or
survey requiring peer review under the
Data Quality Act (Pub. L. 106–554).
List of Subjects
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30 CFR Part 723
Administrative practice and
procedure, Penalties, Surface mining,
Underground mining.
30 CFR Part 724
Administrative practice and
procedure, Penalties, Surface mining,
Underground mining.
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*
Determination of amount of
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3,090
3,200
3,310
3,420
3,530
3,640
4,750
4,860
4,970
5,080
5,190
5,300
5,410
5,520
5,630
5,740
5,850
5,960
7,070
7,180
7,290
7,400
7,510
7,620
7,730
7,840
7,950
8,060
8,170
8,280
8,390
8,500
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Points
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530
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784
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828
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960
1,070
1,080
1,090
2,100
2,210
2,320
2,430
2,540
2,650
2,760
2,870
2,980
PART 724—INDIVIDUAL CIVIL
PENALTIES
3. The authority citation for part 724
continues to read as follows:
■
Authority: 28 U.S.C. 2461, 30 U.S.C. 1201
et seq., and 31 U.S.C. 3701.
4. Section 724.14 is amended by
revising the first sentence of paragraph
(b) to read as follows:
■
§ 724.14
Amount of individual civil penalty.
*
*
*
*
*
(b) The penalty shall not exceed
$8,500 for each violation. * * *
PART 845—CIVIL PENALTIES
5. The authority citation for part 845
continues to read as follows:
■
Authority: 28 U.S.C. 2461, 30 U.S.C. 1201
et seq., 31 U.S.C. 3701, Pub. L. 100–202, and
Pub. L. 100–446.
6. Section 845.14 is amended by
revising the table to read as follows:
■
§ 845.14
penalty.
*
*
Determination of amount of
*
*
*
Points
1
2
3
4
5
................................................
................................................
................................................
................................................
................................................
E:\FR\FM\02APR1.SGM
02APR1
Dollars
32
74
96
108
210
18448
Federal Register / Vol. 79, No. 63 / Wednesday, April 2, 2014 / Rules and Regulations
8. Section 846.14 is amended by
revising the first sentence of paragraph
232 (b) to read as follows:
Points
Dollars
ehiers on DSK2VPTVN1PROD with RULES
6 ................................................
7 ................................................
8 ................................................
9 ................................................
10 ..............................................
11 ..............................................
12 ..............................................
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64 ..............................................
65 ..............................................
66 ..............................................
67 ..............................................
68 ..............................................
69 ..............................................
70 ..............................................
254
276
298
320
342
364
486
508
530
552
574
596
718
740
762
784
806
828
850
960
1,070
1,080
1,090
2,100
2,210
2,320
2,430
2,540
2,650
2,760
2,870
2,980
3,090
3,200
3,310
3,420
3,530
3,640
4,750
4,860
4,970
5,080
5,190
5,300
5,410
5,520
5,630
5,740
5,850
5,960
7,070
7,180
7,290
7,400
7,510
7,620
7,730
7,840
7,950
8,060
8,170
8,280
8,390
8,500
PART 846—CIVIL PENALTIES
7. The authority citation for part 846
continues to read as follows:
■
Authority: 28 U.S.C. 2461, 30 U.S.C. 1201
et seq., and 31 U.S.C. 3701.
VerDate Mar<15>2010
14:28 Apr 01, 2014
Jkt 232001
■
§ 846.14
Amount of individual civil penalty.
*
*
*
*
*
(b) The penalty shall not exceed
$8,500 for each violation. * * *
[FR Doc. 2014–07101 Filed 4–1–14; 8:45 am]
BILLING CODE 4310–05–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG–2014–0001]
RIN 1625–AA08
Special Local Regulation, Rotary Club
of Fort Lauderdale New River Raft
Race, New River; Fort Lauderdale, FL
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a special local regulation on
the waters of the New River in Fort
Lauderdale, Florida during the Rotary
Club of Fort Lauderdale New River Raft
Race, on Saturday, April 5, 2014. The
special local regulation will encompass
the waters between Esplanade Park to
just east of the Southeast 3rd Avenue
Bridge. Approximately 100 participants
will attend the race. The special local
regulation is necessary to ensure the
safety of the participants, participant
vessels, and the general public during
the event. Persons and vessels, except
those participating in the event, are
prohibited from entering, transiting
through, anchoring in, or remaining
within the regulated area unless
authorized by the Captain of the Port
Miami or a designated representative.
DATES: This rule will be enforced from
11 a.m. to 3 p.m. on April 5, 2014.
ADDRESSES: Documents mentioned in
this preamble are part of docket USCG–
2014–0001. To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type the docket
number in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rulemaking. You may also visit the
Docket Management Facility in Room
W12–140 on the ground floor of the
Department of Transportation West
Building, 1200 New Jersey Avenue SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays.
SUMMARY:
PO 00000
Frm 00008
Fmt 4700
Sfmt 4700
If
you have questions on this rule, call or
email Petty Officer John K. Jennings,
Sector Miami Prevention Department,
Coast Guard; telephone (305) 535–4317,
email John.K.Jennings@uscg.mil. If you
have questions on viewing or submitting
material to the docket, call Cheryl
Collins, Program Manager, Docket
Operations, telephone (202) 366–9826.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
A. Regulatory History and Information
Previously, temporary special local
regulations regarding this marine event
have been published in the Code of
Federal Regulations at 33 CFR 100. No
final rule has been published in regards
to this marine event.
The Coast Guard is issuing this
temporary final rule without prior
notice and opportunity to comment
pursuant to authority under section 4(a)
of the Administrative Procedure Act
(APA) (5 U.S.C. 553(b)). This provision
authorizes an agency to issue a rule
without prior notice and opportunity to
comment when the agency for good
cause finds that those procedures are
‘‘impracticable, unnecessary, or contrary
to the public interest.’’ Under 5 U.S.C.
553(b)(B), the Coast Guard finds that
good cause exists for not publishing a
notice of proposed rulemaking (NPRM)
with respect to this rule because there
is not sufficient time remaining to
publish an NPRM and to receive public
comments prior to the event. Any delay
in the effective date of this rule would
be contrary to the public interest
because immediate action is needed to
minimize potential danger to the race
participants, participant vessels,
spectators, and the general public.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this temporary rule effective less
than 30 days after publication in the
Federal Register. Delaying the effective
date for this special local regulation is
contrary to the public interest because
immediate action is needed to minimize
potential danger to the race participants,
participant vessels, spectators, and the
general public.
B. Basis and Purpose
The legal basis for the rule is the
Coast Guard’s authority to establish
special local regulations: 33 U.S.C.
1233.
The purpose of the rule is to provide
for the safety of life on the navigable
waters of the United States during the
E:\FR\FM\02APR1.SGM
02APR1
]]>Agencies
[Federal Register Volume 79, Number 63 (Wednesday, April 2, 2014)]
[Rules and Regulations]
[Pages 18444-18448]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-07101]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Parts 723, 724, 845, and 846
RIN 1029-AC67
[Docket ID: OSM-2013-0003; S1D1S SS08011000 SX066A00067F 134S180110;
S2D2S SS08011000 SX066A00 33F 13XS501520]
Civil Monetary Penalties
AGENCY: Office of Surface Mining Reclamation and Enforcement, Interior.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This rule adjusts the penalty amount of certain civil monetary
penalties authorized by the Surface Mining Control and Reclamation Act
of 1977 (SMCRA). The rule implements SMCRA and the Federal Civil
Penalties Inflation Adjustment Act of 1990, which requires that civil
monetary penalties be adjusted for inflation at least once every four
years.
DATES: Effective Date: May 2, 2014.
FOR FURTHER INFORMATION CONTACT: Adrienne Alsop, Office of Surface
Mining Reclamation and Enforcement, South Interior Building MS-203,
1951 Constitution Avenue NW., Washington, DC 20240; Telephone (202)
208-2818. Email: aalsop@osmre.gov.
SUPPLEMENTARY INFORMATION:
I. Background
A. The Federal Civil Penalties Inflation Adjustment Act of 1990
B. Method of Calculation
C. Example of a Calculation
D. Civil Monetary Penalties Affected by This Adjustment
E. Effect of the Rule in Federal Program States and on Indian
Lands
F. Effect of the Rule on Approved State Programs
II. Procedural Matters and Required Determinations
I. Background
A. The Federal Civil Penalties Inflation Adjustment Act of 1990
In an effort to maintain the deterrent effect of civil monetary
penalties (CMPs) and promote compliance with the law, the Federal Civil
Penalties Inflation Adjustment Act of 1990 (Inflation Adjustment Act),
as amended by the Debt Collection Improvement Act of 1996, requires
Federal agencies to regularly adjust CMPs for inflation. 28 U.S.C.
2461, note. The Inflation Adjustment Act, as amended, requires each
agency to make an initial inflation adjustment for all applicable CMPs,
and to make subsequent adjustments at least once every four years
thereafter. We, the Office of Surface Mining Reclamation and
Enforcement (OSMRE), have adjusted the CMPs authorized by SMCRA on four
previous occasions: November 28, 1997 (62 FR 63274), November 21, 2001
(66 FR 58644), November 22, 2005 (70 FR 70698), and July 15, 2009 (74
FR 34490). As required by the Inflation Adjustment Act, we are again
adjusting our CMPs according to the formula set forth in the law.
Under the Inflation Adjustment Act, the amount of the adjustment
for a CMP is determined by increasing the CMP by the amount of the
cost-of-living adjustment. The cost-of-living adjustment is defined as
the percentage of each CMP by which the Consumer Price Index for the
month of June of the calendar year preceding the adjustment exceeds the
Consumer Price Index for
[[Page 18445]]
the month of June of the calendar year in which the amount of the CMP
was last set or adjusted. The Inflation Adjustment Act defines the
Consumer Price Index as the ``Consumer Price Index for all-urban
consumers [the CPI-U] published by the Department of Labor.'' See 28
U.S.C. 2461, note. The Inflation Adjustment Act specifies that any
resulting increases in a CMP must be rounded according to a stated
rounding formula. Id. The increased CMPs apply only to violations that
occur after the date the increase takes effect. Id.
B. Method of Calculation
Because these adjustments will be effective before December 31,
2014, we are calculating the CMP increases based on the CPI-U inflation
factor for the month of June 2013, which is 233.504. Because of the
rounding formula contained in the Inflation Adjustment Act, we did not
adjust all CMPs in 2001, 2005, or 2009. Therefore, we are using four
different multipliers to calculate the current CMP adjustments.
First, for the CMPs that were last adjusted in 1997, we are using a
multiplier of 1.4567 (45.67 percent increase). We arrived at this
multiplier by dividing the CPI-U for June 2013 (233.504) by the CPI-U
for June 1997 (160.3).
Second, for the CMPs that were last adjusted in 2001, we are using
a multiplier of 1.3118 (a 31.18 percent increase). We arrived at this
multiplier by dividing the CPI-U for June 2013 (233.504) by the CPI-U
for June 2001 (178.0).
Third, for the CMPs that were last adjusted in 2005, we are using a
multiplier of 1.2005 (a 20.05 percent increase). We arrived at this
multiplier by dividing the CPI-U for June 2013 (233.504) by the CPI-U
for June 2005 (194.5).
Fourth, for the CMPs that were last adjusted in 2009, we are using
a multiplier of 1.0826 (a 8.26 percent increase). We arrived at this
multiplier by dividing the CPI-U for June 2013 (233.504) by the CPI-U
for June 2009 (215.693).
Any potential increase under these adjustments is subject to the
rounding formula set forth in section 5(a) of the Inflation Adjustment
Act. Under the formula, any increase must be rounded to the nearest:
(1) multiple of $10 in the case of penalties less than or equal to
$100;
(2) multiple of $100 in the case of penalties greater than $100 but
less than or equal to $1,000;
(3) multiple of $1,000 in the case of penalties greater than $1,000
but less than or equal to $10,000;
(4) multiple of $5,000 in the case of penalties greater than
$10,000 but less than or equal to $100,000;
(5) multiple of $10,000 in the case of penalties greater than
$100,000 but less than or equal to $200,000; and
(6) multiple of $25,000 in the case of penalties greater than
$200,000.
See 28 U.S.C. 2461, note.
C. Example of a Calculation
The following example illustrates the inflation adjustment
calculation based on a CMP that was last adjusted in 2009. Generally,
OSMRE assigns points to a violation as described in 30 CFR 845.13. The
CMP owed is based on the number of points received. For example, under
our existing regulations in 30 CFR 845.14, a violation totaling 70
points would amount to a $7,500 CMP.
To adjust this amount, using the formula above, we multiply $7,500
by the inflation factor of 1.0826, resulting in a raw inflation amount
of $8,119.50. Because the Inflation Adjustment Act requires us to round
any increase in the CMP amount, we must then calculate the difference
in the raw inflation amount and the existing penalty. So, we subtract
the current penalty amount ($7,500.00) from the raw inflation
adjustment ($8,119.50), which results in an increase of $619.50.
The rounding formula in section 5(a) of the Inflation Adjustment
Act specifies that if the penalty is greater than $1,000 but less than
$10,000, the increase must be rounded to the nearest multiple of
$1,000. Because the difference of $619.50 (noted above) is greater than
$500.00 (half of $1,000), we will round the increase up to $1,000.00.
Therefore, the existing penalty will increase to $8,500.00.
For those CMPs that were last adjusted in 1997, 2001 or 2005, the
method of calculation would be the same, but the multiplier would be
either 1.4567, 1.3118 or 1.2005, respectively, instead of 1.0826. When
the regulations in 30 CFR 845.14 were issued in 1982 (47 FR 35640), the
amount of the civil penalty that was assessed increased by $20.00 with
each additional point that was assessed from 2 through 25, and the
penalty increased by $100.00 with each additional point that was
assessed from 26 through 70. For example, an assessment of 47 points
resulted in a penalty of $2,700.00, and an assessment of 48 points
resulted in an assessment of $2,800.00. Because of the rounding formula
required by the Inflation Adjustment Act, the difference in the penalty
amount for each additional point is no longer consistent in many
instances.
D. Civil Monetary Penalties Affected By This Adjustment
Section 518 of SMCRA, 30 U.S.C. 1268, authorizes the Secretary of
the Interior to assess CMPs for violations of SMCRA. OSMRE's
regulations implementing the CMP provisions of section 518 are located
in 30 CFR parts 723, 724, 845, and 846. We are adjusting CMPs in four
sections--30 CFR 723.14, 724.14, 845.14, and 846.14. When we review and
adjust our CMPs in 2018, we will compare the CPI-U for June 2017 with
the CPI-U for the year in which each CMP was last adjusted.
E. Effect of the Rule in Federal Program States and on Indian Lands
The increase in civil monetary penalties contained in this rule
will apply through cross-referencing to the following Federal program
states: Arizona, California, Georgia, Idaho, Massachusetts, Michigan,
North Carolina, Oregon, Rhode Island, South Dakota, Tennessee, and
Washington. The Federal programs for those States appear at 30 CFR
parts 903, 905, 910, 912, 921, 922, 933, 937, 939, 941, 942, and 947,
respectively. The increase in civil monetary penalties also applies
through cross-referencing to Indian lands under the Federal program for
Indian lands as provided for in 30 CFR 750.18.
F. Effect of the Rule on Approved State Programs
Section 518(i) of SMCRA requires that the civil penalty provisions
of each State program contain penalties which are ``no less stringent
than'' those set forth in SMCRA. Our regulations specify that each
State program ``shall contain penalties which are no less stringent
than those set forth in section 518 of the Act and shall be consistent
with 30 CFR part 845.'' 30 CFR 840.13(a). In order to implement the
penalty provisions of section 518(a) of SMCRA, we developed a point
system for determining the amount of the CMP to assess for a violation
of our regulations. 44 FR 15461-63 (Mar. 13, 1979). However, in a 1980
decision on OSMRE's regulations governing CMPs, the U.S. District Court
for the District of Columbia held that because section 518 of SMCRA
fails to enumerate a point system for assessing CMPs, we cannot require
the States to adopt the point system and civil penalty amounts found in
30 CFR 845.14. In re Permanent Surface Mining Regulation Litigation,
No. 79-1144, Mem. Op. (D.D.C. Feb. 26, 1980), 14 Env't Rep. Cas. (BNA)
1083. In response to the
[[Page 18446]]
Secretary's request for clarification, the Court further stated that it
could not uphold requiring the States to impose penalties as stringent
as those appearing in 30 CFR 845.15. In re Permanent Surface Mining
Regulation Litigation, No. 79-1144, Mem. Op. (D.D.C. May 16, 1980), 19
Env't Rep. Cas. (BNA) 1477. As a result of the litigation, 30 CFR
840.13(a) was suspended in part on August 4, 1980. 45 FR 51548.
Consequently, State regulatory programs are not required to mirror all
of the penalty provisions of our regulations.
II. Procedural Matters and Required Determinations Administrative
Procedure Act
This final rule has been issued without prior public notice or
opportunity for public comment. The Administrative Procedure Act (APA)
provides an exception to the notice and comment procedures when an
agency finds there is good cause for dispensing with such procedures on
the basis that they are impracticable, unnecessary, or contrary to the
public interest. 5 U.S.C. 553(b). We have determined that under 5
U.S.C. 553(b), good cause exists for dispensing with the notice of
proposed rulemaking and public comment procedures for this rule. This
rulemaking is consistent with the statutory authority and requirements
set forth in the Inflation Adjustment Act as amended by the Debt
Collection Improvement Act of 1996. The Inflation Adjustment Act
requires that we adjust our CMPs once every four years and specifies
the manner in which the adjustment is to be made. Accordingly, the
adjustments made are ministerial, technical, and non-discretionary.
Executive Order 12866--Regulatory Planning and Review
This rule has been reviewed under the provisions of Executive Order
12866 and is not considered a significant regulatory action. This
determination is based on the fact that the rule adjusts OSMRE's CMPs
according to the formula contained in the Inflation Adjustment Act.
OSMRE has no discretion in making the adjustments. Further, most coal
mining operations subject to the rule do not engage in prohibited
activities and practices and, as a result, we believe that the
aggregate economic impact of these revised regulations will be minimal,
affecting only those who may engage in prohibited behavior in violation
of SMCRA.
Our civil penalty data for Fiscal Years 2009-2013 indicates that
over a five-year period, we collected an average of approximately
$345,903 annually for all violations. If we assume that the average
annual collection remains constant at $345,903, and we adjusted that
collection figure for inflation using the largest inflation factor
contained in this rule (45.67 percent), the CMPs collected annually
under the new penalty amounts would result in an annual increase of
approximately $157,974 for a total CMP collection of $503,877 annually.
Because the majority of the increases are based on lower inflation
factors (8.26 percent or 20.05 percent) the actual annual increase will
be even less. Consequently, the annual increase in CMPs that we might
reasonably expect to collect under the revised dollar amounts contained
in this rule is substantially less than the $100 million annual
threshold contained in Executive Order 12866 for an economically
significant rule. Based on the above data, we have determined that:
a. The rule will not have an annual effect of $100 million or more
on the economy, nor will it adversely affect in a material way the
economy, productivity, competition, jobs, the environment, public
health or safety, or State, local, or Tribal governments or
communities.
b. The rule will not create a serious inconsistency or otherwise
interfere with an action taken or planned by another agency.
c. The rule will not alter the budgetary effects of entitlements,
grants, user fees, or loan programs or the rights or obligations of
their recipients.
d. The rule does not raise novel legal or policy issues.
Regulatory Flexibility Act
The Department of the Interior certifies that this revision will
not have a significant economic impact on a substantial number of small
entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.).
As discussed above, the aggregate economic impact of this rulemaking on
small business entities should be minimal, and affects only those who
violate the provisions of SMCRA.
Small Business Regulatory Enforcement Fairness Act
For the reasons previously stated, this rule is not considered a
major rule under 5 U.S.C. 804(2), the Small Business Regulatory
Enforcement Fairness Act. This rule:
1. Will not have an annual effect on the economy of $100 million.
2. Will not cause a major increase in costs or prices for
consumers, individual industries, federal, state, or local government
agencies, or geographic regions because the rule does not impose new
requirements on the coal mining industry or consumers.
3. Will 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.
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. As previously
discussed, the annual increase in CMPs that we might reasonably expect
to collect under the revised dollar amounts contained in this rule is
substantially less than the $100 million annual threshold. A statement
containing the information required by the Unfunded Mandates Reform Act
(2 U.S.C. 1531 et seq.) is not required.
Federal Paperwork Reduction Act
This rule does not contain collections of information which require
approval by the Office of Management and Budget under 44 U.S.C. 3501 et
seq.
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 is not required
because we have determined the rule is covered by the categorical
exclusion listed in the Department of the Interior regulations at 43
CFR 46.210(i). That categorical exclusion covers policies, directives,
regulations and guidelines that are of an administrative, financial,
legal, technical, or procedural nature. 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 the National
Environmental Policy Act.
Executive Order 12988--Civil Justice Reform
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.
[[Page 18447]]
Executive Order 13211--Regulations That Significantly Affect the
Supply, Distribution, or Use of Energy
Executive Order 13211 requires agencies to prepare a Statement of
Energy Effects for a rule that is (1) considered significant under
Executive Order 12866, and (2) likely to have a significant adverse
effect on the supply, distribution, or use of energy. Because this rule
is not considered significant under Executive Order 12866 and is not
expected to have a significant adverse effect on the supply,
distribution, or use of energy, a Statement of Energy Effects is not
required.
Executive Order 13175--Consultation and Coordination With Indian Tribal
Governments
In accordance with Executive Order 13175, we have evaluated the
potential effects of this rule on Federally recognized Indian Tribes
and have determined that the proposed revisions would not have
substantial direct effects on the relationship between the Federal
Government and Indian Tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian Tribes.
Executive Order 12630--Takings
Under the criteria in Executive Order 12630, this rule does not
have significant takings implications; therefore, a takings implication
assessment is not required. This determination is based on the fact
that the rule will not have an impact on the use or value of private
property.
Executive Order 13132--Federalism
This rule does not have Federalism implications. It will not 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.''
Data Quality Act
In developing this rule we did not conduct or use a study,
experiment, or survey requiring peer review under the Data Quality Act
(Pub. L. 106-554).
List of Subjects
30 CFR Part 723
Administrative practice and procedure, Penalties, Surface mining,
Underground mining.
30 CFR Part 724
Administrative practice and procedure, Penalties, Surface mining,
Underground mining.
30 CFR Part 845
Administrative practice and procedure, Law enforcement, Penalties,
Reporting and recordkeeping requirements, Surface mining, Underground
mining.
30 CFR Part 846
Administrative practice and procedure, Penalties, Surface mining,
Underground mining.
Dated: March 13, 2014.0;
Tommy P. Beaudreau,
Principal Deputy Assistant Secretary, Land and Minerals Management.
For the reasons set out in the preamble, 30 CFR parts 723, 724, 845
and 846 are amended as follows:
PART 723--CIVIL PENALTIES
0
1. The authority citation for part 723 continues to read as follows:
Authority: 28 U.S.C. 2461, 30 U.S.C. 1201 et seq., and 31 U.S.C.
3701.
0
2. Section 723.14 is amended by revising the table to read as follows:
Sec. 723.14 Determination of amount of penalty.
* * * * *
------------------------------------------------------------------------
Points Dollars
------------------------------------------------------------------------
1.......................................................... 32
2.......................................................... 74
3.......................................................... 96
4.......................................................... 108
5.......................................................... 210
6.......................................................... 232
7.......................................................... 254
8.......................................................... 276
9.......................................................... 298
10......................................................... 320
11......................................................... 342
12......................................................... 364
13......................................................... 486
14......................................................... 508
15......................................................... 530
16......................................................... 552
17......................................................... 574
18......................................................... 596
19......................................................... 718
20......................................................... 740
21......................................................... 762
22......................................................... 784
23......................................................... 806
24......................................................... 828
25......................................................... 850
26......................................................... 960
27......................................................... 1,070
28......................................................... 1,080
29......................................................... 1,090
30......................................................... 2,100
31......................................................... 2,210
32......................................................... 2,320
33......................................................... 2,430
34......................................................... 2,540
35......................................................... 2,650
36......................................................... 2,760
37......................................................... 2,870
38......................................................... 2,980
39......................................................... 3,090
40......................................................... 3,200
41......................................................... 3,310
42......................................................... 3,420
43......................................................... 3,530
44......................................................... 3,640
45......................................................... 4,750
46......................................................... 4,860
47......................................................... 4,970
48......................................................... 5,080
49......................................................... 5,190
50......................................................... 5,300
51......................................................... 5,410
52......................................................... 5,520
53......................................................... 5,630
54......................................................... 5,740
55......................................................... 5,850
56......................................................... 5,960
57......................................................... 7,070
58......................................................... 7,180
59......................................................... 7,290
60......................................................... 7,400
61......................................................... 7,510
62......................................................... 7,620
63......................................................... 7,730
64......................................................... 7,840
65......................................................... 7,950
66......................................................... 8,060
67......................................................... 8,170
68......................................................... 8,280
69......................................................... 8,390
70......................................................... 8,500
------------------------------------------------------------------------
PART 724--INDIVIDUAL CIVIL PENALTIES
0
3. The authority citation for part 724 continues to read as follows:
Authority: 28 U.S.C. 2461, 30 U.S.C. 1201 et seq., and 31 U.S.C.
3701.
0
4. Section 724.14 is amended by revising the first sentence of
paragraph (b) to read as follows:
Sec. 724.14 Amount of individual civil penalty.
* * * * *
(b) The penalty shall not exceed $8,500 for each violation. * * *
PART 845--CIVIL PENALTIES
0
5. The authority citation for part 845 continues to read as follows:
Authority: 28 U.S.C. 2461, 30 U.S.C. 1201 et seq., 31 U.S.C.
3701, Pub. L. 100-202, and Pub. L. 100-446.
0
6. Section 845.14 is amended by revising the table to read as follows:
Sec. 845.14 Determination of amount of penalty.
* * * * *
------------------------------------------------------------------------
Points Dollars
------------------------------------------------------------------------
1.......................................................... 32
2.......................................................... 74
3.......................................................... 96
4.......................................................... 108
5.......................................................... 210
[[Page 18448]]
6.......................................................... 232
7.......................................................... 254
8.......................................................... 276
9.......................................................... 298
10......................................................... 320
11......................................................... 342
12......................................................... 364
13......................................................... 486
14......................................................... 508
15......................................................... 530
16......................................................... 552
17......................................................... 574
18......................................................... 596
19......................................................... 718
20......................................................... 740
21......................................................... 762
22......................................................... 784
23......................................................... 806
24......................................................... 828
25......................................................... 850
26......................................................... 960
27......................................................... 1,070
28......................................................... 1,080
29......................................................... 1,090
30......................................................... 2,100
31......................................................... 2,210
32......................................................... 2,320
33......................................................... 2,430
34......................................................... 2,540
35......................................................... 2,650
36......................................................... 2,760
37......................................................... 2,870
38......................................................... 2,980
39......................................................... 3,090
40......................................................... 3,200
41......................................................... 3,310
42......................................................... 3,420
43......................................................... 3,530
44......................................................... 3,640
45......................................................... 4,750
46......................................................... 4,860
47......................................................... 4,970
48......................................................... 5,080
49......................................................... 5,190
50......................................................... 5,300
51......................................................... 5,410
52......................................................... 5,520
53......................................................... 5,630
54......................................................... 5,740
55......................................................... 5,850
56......................................................... 5,960
57......................................................... 7,070
58......................................................... 7,180
59......................................................... 7,290
60......................................................... 7,400
61......................................................... 7,510
62......................................................... 7,620
63......................................................... 7,730
64......................................................... 7,840
65......................................................... 7,950
66......................................................... 8,060
67......................................................... 8,170
68......................................................... 8,280
69......................................................... 8,390
70......................................................... 8,500
------------------------------------------------------------------------
PART 846--CIVIL PENALTIES
0
7. The authority citation for part 846 continues to read as follows:
Authority: 28 U.S.C. 2461, 30 U.S.C. 1201 et seq., and 31 U.S.C.
3701.
0
8. Section 846.14 is amended by revising the first sentence of
paragraph (b) to read as follows:
Sec. 846.14 Amount of individual civil penalty.
* * * * *
(b) The penalty shall not exceed $8,500 for each violation. * * *
[FR Doc. 2014-07101 Filed 4-1-14; 8:45 am]
BILLING CODE 4310-05-P
