Civil Penalty Inflation Adjustment, 43941-43942 [2016-16009]
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Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Rules and Regulations
Part 284 of this chapter and who
knowingly violates the requirements of
§§ 358.4 and 358.5, § 250.16, or § 284.13
of this chapter will be subject, pursuant
to sections 311(c), 501, and 504(b)(6) of
the Natural Gas Policy Act of 1978, to
a civil penalty, which the Commission
may assess, of not more than $1,193,970
for any one violation.
*
*
*
*
*
PART 385—RULES OF PRACTICE AND
PROCEDURE
3. The authority citation for part 385
is revised to read as follows:
■
(e) 15 U.S.C. 717t–1, Natural Gas Act:
$1,193,970 per day.
(f) 49 App. U.S.C. 6(10) (1988),
Interstate Commerce Act: $1,250 per
offense and $62.50 per day after the first
day.
(g) 49 App. U.S.C. 16(8) (1988),
Interstate Commerce Act: $12,500 per
day.
(h) 49 App. U.S.C. 19a(k) (1988),
Interstate Commerce Act: $1,250 per
day.
(i) 49 App. U.S.C. 20(7)(a) (1988),
Interstate Commerce Act: $1,250 per
day.
[FR Doc. 2016–15947 Filed 7–5–16; 8:45 am]
Authority: 5 U.S.C. 551–557; 15 U.S.C.
717–717z, 3301–3432; 16 U.S.C. 791a–825v,
2601–2645; 28 U.S.C. 2461; 31 U.S.C. 3701,
9701; 42 U.S.C. 7101–7352, 16441, 16451–
16463; 49 U.S.C. 60502; 49 App. U.S.C. 1–85
(1988); 28 U.S.C. 2461 note (1990); 28 U.S.C.
2461 note (2015).
BILLING CODE 6717–01–P
4. Revise § 385.1504(a) to read as
follows:
25 CFR Part 575
■
§ 385.1504
1504).
Scope and purpose (Rule
ehiers on DSK5VPTVN1PROD with RULES
§ 385.1602 Civil penalties, as adjusted
(Rule 1602).
The current inflation-adjusted civil
monetary penalties provided by law
within the jurisdiction of the
Commission are:
(a) 15 U.S.C. 3414(b)(6)(A)(i), Natural
Gas Policy Act of 1978: $1,193,970 per
day.
(b) 16 U.S.C. 823b(c), Federal Power
Act: $21,563 per day.
(c) 16 U.S.C. 825n(a), Federal Power
Act: $2,750.
(d) 16 U.S.C. 825o–1(b), Federal
Power Act: $1,193,970 per day.
12:09 Jul 05, 2016
Jkt 238001
National Indian Gaming
Commission.
ACTION: Interim final rule.
AGENCY:
The purpose of this subpart is to make
inflation adjustments to the civil
monetary penalties provided by law
within the jurisdiction of the
Commission. These penalties shall be
subject to review and adjustment as
necessary at least every year in
accordance with the Federal Civil
Penalties Inflation Act of 1990, as
amended by the Federal Civil Penalties
Inflation Adjustment Act Improvements
Act of 2015.
■ 6. Revise § 385.1602 to read as
follows:
VerDate Sep<11>2014
National Indian Gaming Commission
Civil Penalty Inflation Adjustment
Maximum civil penalty (Rule
(a) Except as provided in paragraph
(b) of this section, the Commission may
assess a civil penalty of up to $21,563
for each day that the violation
continues.
*
*
*
*
*
■ 5. Revise § 385.1601 to read as
follows:
§ 385.1601
1601).
DEPARTMENT OF THE INTERIOR
In compliance with the
Federal Civil Penalties Inflation
Adjustment Act Improvements Act of
2015 and Office of Management and
Budget (OMB) guidance, this rule
adjusts the level of the civil monetary
penalty, contained in the National
Indian Gaming Commission’s (NIGC or
Commission) regulation, with an initial
‘‘catch-up’’ adjustment.
DATES: This interim final rule will have
an effective date of August 1, 2016.
FOR FURTHER INFORMATION CONTACT:
Contact Armando J. Acosta, Senior
Attorney, Office of General Counsel,
National Indian Gaming Commission, at
(202) 632–7003; fax (202) 632–7066 (not
toll-free numbers).
SUPPLEMENTARY INFORMATION:
SUMMARY:
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
an interim final rulemaking and then
make subsequent annual adjustments
for inflation. 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.
PO 00000
Frm 00015
Fmt 4700
Sfmt 4700
43941
II. Calculation of Adjustment
The OMB issued guidance 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, Subject: Implementation of the
Federal Civil Penalties Inflation
Adjustment Act Improvements Act of
2015. Under this guidance, the
Commission has identified one
applicable civil monetary penalty and
calculated the catch-up adjustment.
This rule adjusts the level of the civil
monetary penalty contained in 25 CFR
575.4 (‘‘The Chairman may assess a civil
fine, not to exceed $25,000 per
violation, against a tribe, management
contractor, or individual operating
Indian gaming for each notice of
violation . . .’’). The OMB provided to
agencies a table of multipliers to adjust
the penalty level based on the year that
the penalty was established or last
adjusted by statute or regulation. The
multiplier for 1988 (when the Indian
Gaming Regulatory Act was enacted) is
1.97869 ($25,000 × 1.97869 = $49,467).
III. Regulatory Matters
Regulatory Planning and Review
This interim final rule is not a
significant rule and OMB has reviewed
this rule under Executive Order 12866.
This rule provides an initial catch-up
adjustment of penalties to account for
inflation.
(1) This rule will not have an effect of
$100 million or more on the economy or
will not 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.
(2) This rule will not create a serious
inconsistency or otherwise interfere
with an action taken or planned by
another agency.
(3) This rule does not involve
entitlements, grants, user fees, or loan
programs or the rights or obligations of
recipients.
(4) This regulatory change does not
raise novel legal or policy issues.
Regulatory Flexibility Act
The Commission certifies that this
document 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.
E:\FR\FM\06JYR1.SGM
06JYR1
43942
Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Rules and Regulations
Small Business Regulatory Enforcement
Fairness Act
This interim final rule is not a major
rule under 5 U.S.C. 804(2), the Small
Business Regulatory Enforcement
Fairness Act. It will not result in the
expenditure by state, local, or tribal
governments, in the aggregate, or by the
private sector of $100 million or more
in any one year. The rule will not result
in a major increase in costs or prices for
consumers, individual industries,
federal, state, or local government
agencies, or geographic regions. Nor will
this rule have significant adverse effects
on competition, employment,
investment, productivity, innovation, or
the ability of the U.S.-based enterprises
to compete with foreign-based
enterprises.
Unfunded Mandates Reform Act
This interim final rule does not
impose an unfunded mandate of more
than $100 million per year on state,
local, or tribal governments or the
private sector. The rule also does not
have a significant or unique effect on
state, local, or tribal governments or the
private sector. Therefore, a statement
containing the information required by
the Unfunded Mandates Reform Act (2
U.S.C. 1531 et seq.) is not required.
Takings
Under the criteria in Executive Order
12630, this interim final rule does not
affect individual property rights
protected by the Fifth Amendment nor
does it involve a compensable ‘‘taking.’’
Thus, a takings implication assessment
is not required.
Federalism
Under the criteria in Executive Order
13132, this interim final rule has no
substantial direct effect 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.
Commission has determined that
consultations with Indian gaming tribes
is not practicable, as Congress has
mandated that the civil penalty
adjustments in the Act be implemented
no later than August 1, 2016.
Paperwork Reduction Act
This interim final rule does not affect
any information collections under the
Paperwork Reduction Act.
National Environmental Policy Act
This interim final rule does not
constitute a major federal action
significantly affecting the quality of the
human environment.
Information Quality Act
ehiers on DSK5VPTVN1PROD with RULES
2. Amend the introductory text of
§ 575.4 by removing ‘‘$25,000’’ and
adding in its place ‘‘$49,467’’.
■
Dated: June 28, 2016.
Jonodev O. Chaudhuri,
Chairman,
Kathryn Isom-Clause,
Vice Chairwoman,
E. Sequoyah Simermeyer,
Associate Commissioner.
Effects on the Energy Supply
Office of the Attorney General
This interim final rule is not a
significant energy action under the
definition in Executive Order 13211. A
Statement of Energy Effects is not
required.
Clarity of this Regulation
The Commission is required by
Executive Orders 12866 and 12988 and
by the Presidential Memorandum of
June 1, 1998, to write all rules in plain
language. This means that each rule that
the Commission publishes must:
(a) Be logically organized;
(b) use the active voice to address
readers directly;
(c) use clear language rather than
jargon;
(d) be divided into short sections and
sentences; and
(e) use lists and tables wherever
possible.
Required Determinations Under the
Administrative Procedure Act
Consultation with Indian Tribes
In accordance with the President’s
memorandum of April 29, 1994,
Government-to-Government Relations
with Native American Tribal
Governments, Executive Order 13175
(59 FR 22951, November 6, 2000), the
List of Subjects in 25 CFR Part 575
Jkt 238001
Authority: 25 U.S.C. 2705(a), 2706, 2713,
2715; and Sec. 701, Pub. L. 114–74, 129 Stat.
599.
[FR Doc. 2016–16009 Filed 7–5–16; 8:45 am]
The Federal Civil Penalties Inflation
Adjustment Act Improvements Act of
2015 requires agencies to adjust
penalties for the catch-up adjustment
through an interim final rulemaking.
Therefore, the Commission is not
required to complete a notice and
comment process prior to promulgation.
12:09 Jul 05, 2016
1. The authority citation for part 575
is revised to read as follows:
■
In developing this interim final rule,
the Commission did not conduct or use
a study, experiment, or survey requiring
peer review under the Information
Quality Act (Pub. L. 106–554).
Civil Justice Reform
This interim final rule complies with
the requirements of Executive Order
12988. Specifically, this rule has been
reviewed to eliminate errors and
ambiguity and written to minimize
litigation. It is written in clear language
and contains clear legal standards.
VerDate Sep<11>2014
PART 575—CIVIL FINES
Administrative practice and
procedure, Gaming, Indian lands,
Penalties.
For the reasons set forth in the
preamble, the Commission amends 25
CFR part 575 as follows:
PO 00000
Frm 00016
Fmt 4700
Sfmt 4700
BILLING CODE 7565–01–P
DEPARTMENT OF JUSTICE
28 CFR Part 11
[JMD Docket No. 152; A.G. Order No. 3689–
2016]
RIN 1105–AB44
Department of Justice Debt Collection
Regulations
Department of Justice.
Final rule.
AGENCY:
ACTION:
This rule amends the
regulations that govern debt collection
at the Department of Justice
(Department) to bring the regulations
into conformity with government-wide
standards, to update or delete obsolete
references, and to make other clarifying
or technical changes.
DATES: Effective August 5, 2016.
FOR FURTHER INFORMATION CONTACT:
Dennis Dauphin, Director, Debt
Collection Management Staff, or Morton
J. Posner, Assistant General Counsel,
Justice Management Division, U.S.
Department of Justice, Washington, DC
20530, (202) 514–5343 or (202) 514–
3452.
SUMMARY:
SUPPLEMENTARY INFORMATION:
On February 18, 2015, the Department
published a proposed rule to revise its
existing debt collection regulations. See
80 FR 8580–01. Following a public
comment period, the Department
received two comments. One
commenter generally endorsed the
rulemaking proposal. Another
commenter recommended editorial
revisions to clarify the proposed rule
without making substantive changes.
After due consideration, the Department
E:\FR\FM\06JYR1.SGM
06JYR1
]]>Agencies
[Federal Register Volume 81, Number 129 (Wednesday, July 6, 2016)]
[Rules and Regulations]
[Pages 43941-43942]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-16009]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
National Indian Gaming Commission
25 CFR Part 575
Civil Penalty Inflation Adjustment
AGENCY: National Indian Gaming Commission.
ACTION: Interim final rule.
-----------------------------------------------------------------------
SUMMARY: In compliance with the Federal Civil Penalties Inflation
Adjustment Act Improvements Act of 2015 and Office of Management and
Budget (OMB) guidance, this rule adjusts the level of the civil
monetary penalty, contained in the National Indian Gaming Commission's
(NIGC or Commission) regulation, with an initial ``catch-up''
adjustment.
DATES: This interim final rule will have an effective date of August 1,
2016.
FOR FURTHER INFORMATION CONTACT: Contact Armando J. Acosta, Senior
Attorney, Office of General Counsel, National Indian Gaming Commission,
at (202) 632-7003; fax (202) 632-7066 (not toll-free numbers).
SUPPLEMENTARY INFORMATION:
I. Background
On November 2, 2015, the President signed into law the Federal
Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (Sec.
701 of Pub. L. 114-74) (the Act). The Act requires federal agencies to
adjust the level of civil monetary penalties with an initial ``catch-
up'' adjustment through an interim final rulemaking and then make
subsequent annual adjustments for inflation. 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.
II. Calculation of Adjustment
The OMB issued guidance 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, Subject: Implementation of the Federal Civil Penalties
Inflation Adjustment Act Improvements Act of 2015. Under this guidance,
the Commission has identified one applicable civil monetary penalty and
calculated the catch-up adjustment. This rule adjusts the level of the
civil monetary penalty contained in 25 CFR 575.4 (``The Chairman may
assess a civil fine, not to exceed $25,000 per violation, against a
tribe, management contractor, or individual operating Indian gaming for
each notice of violation . . .''). The OMB provided to agencies a table
of multipliers to adjust the penalty level based on the year that the
penalty was established or last adjusted by statute or regulation. The
multiplier for 1988 (when the Indian Gaming Regulatory Act was enacted)
is 1.97869 ($25,000 x 1.97869 = $49,467).
III. Regulatory Matters
Regulatory Planning and Review
This interim final rule is not a significant rule and OMB has
reviewed this rule under Executive Order 12866. This rule provides an
initial catch-up adjustment of penalties to account for inflation.
(1) This rule will not have an effect of $100 million or more on
the economy or will not 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.
(2) This rule will not create a serious inconsistency or otherwise
interfere with an action taken or planned by another agency.
(3) This rule does not involve entitlements, grants, user fees, or
loan programs or the rights or obligations of recipients.
(4) This regulatory change does not raise novel legal or policy
issues.
Regulatory Flexibility Act
The Commission certifies that this document 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.
[[Page 43942]]
Small Business Regulatory Enforcement Fairness Act
This interim final rule is not a major rule under 5 U.S.C. 804(2),
the Small Business Regulatory Enforcement Fairness Act. It will not
result in the expenditure by state, local, or tribal governments, in
the aggregate, or by the private sector of $100 million or more in any
one year. The rule will not result in a major increase in costs or
prices for consumers, individual industries, federal, state, or local
government agencies, or geographic regions. Nor will this rule have
significant adverse effects on competition, employment, investment,
productivity, innovation, or the ability of the U.S.-based enterprises
to compete with foreign-based enterprises.
Unfunded Mandates Reform Act
This interim final rule does not impose an unfunded mandate of more
than $100 million per year on state, local, or tribal governments or
the private sector. The rule also does not have a significant or unique
effect on state, local, or tribal governments or the private sector.
Therefore, a statement containing the information required by the
Unfunded Mandates Reform Act (2 U.S.C. 1531 et seq.) is not required.
Takings
Under the criteria in Executive Order 12630, this interim final
rule does not affect individual property rights protected by the Fifth
Amendment nor does it involve a compensable ``taking.'' Thus, a takings
implication assessment is not required.
Federalism
Under the criteria in Executive Order 13132, this interim final
rule has no substantial direct effect 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.
Civil Justice Reform
This interim final rule complies with the requirements of Executive
Order 12988. Specifically, this rule has been reviewed to eliminate
errors and ambiguity and written to minimize litigation. It is written
in clear language and contains clear legal standards.
Consultation with Indian Tribes
In accordance with the President's memorandum of April 29, 1994,
Government-to-Government Relations with Native American Tribal
Governments, Executive Order 13175 (59 FR 22951, November 6, 2000), the
Commission has determined that consultations with Indian gaming tribes
is not practicable, as Congress has mandated that the civil penalty
adjustments in the Act be implemented no later than August 1, 2016.
Paperwork Reduction Act
This interim final rule does not affect any information collections
under the Paperwork Reduction Act.
National Environmental Policy Act
This interim final rule does not constitute a major federal action
significantly affecting the quality of the human environment.
Information Quality Act
In developing this interim final rule, the Commission did not
conduct or use a study, experiment, or survey requiring peer review
under the Information Quality Act (Pub. L. 106-554).
Effects on the Energy Supply
This interim final rule is not a significant energy action under
the definition in Executive Order 13211. A Statement of Energy Effects
is not required.
Clarity of this Regulation
The Commission is required by Executive Orders 12866 and 12988 and
by the Presidential Memorandum of June 1, 1998, to write all rules in
plain language. This means that each rule that the Commission publishes
must:
(a) Be logically organized;
(b) use the active voice to address readers directly;
(c) use clear language rather than jargon;
(d) be divided into short sections and sentences; and
(e) use lists and tables wherever possible.
Required Determinations Under the Administrative Procedure Act
The Federal Civil Penalties Inflation Adjustment Act Improvements
Act of 2015 requires agencies to adjust penalties for the catch-up
adjustment through an interim final rulemaking. Therefore, the
Commission is not required to complete a notice and comment process
prior to promulgation.
List of Subjects in 25 CFR Part 575
Administrative practice and procedure, Gaming, Indian lands,
Penalties.
For the reasons set forth in the preamble, the Commission amends 25
CFR part 575 as follows:
PART 575--CIVIL FINES
0
1. The authority citation for part 575 is revised to read as follows:
Authority: 25 U.S.C. 2705(a), 2706, 2713, 2715; and Sec. 701,
Pub. L. 114-74, 129 Stat. 599.
0
2. Amend the introductory text of Sec. 575.4 by removing ``$25,000''
and adding in its place ``$49,467''.
Dated: June 28, 2016.
Jonodev O. Chaudhuri,
Chairman,
Kathryn Isom-Clause,
Vice Chairwoman,
E. Sequoyah Simermeyer,
Associate Commissioner.
[FR Doc. 2016-16009 Filed 7-5-16; 8:45 am]
BILLING CODE 7565-01-P
