Annual Adjustment of Civil Monetary Penalty To Reflect Inflation, 12068-12069 [2017-03858]
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12068
Federal Register / Vol. 82, No. 38 / Tuesday, February 28, 2017 / Rules and Regulations
Direct final rule; confirmation of
effective date.
ACTION:
In accordance with a
determination by the Director of the
Office of Management and Budget
(OMB) that the direct final rule (‘‘Use of
Ozone Depleting Substances’’)
published on October 26, 2016, is
excluded from the memorandum of
January 20, 2017, from the Assistant to
the President and Chief of Staff, entitled
‘‘Regulatory Freeze Pending Review,’’
this action confirms the effective date of
February 23, 2017, for the direct final
rule.
DATES: The effective date of the direct
final rule that published on October 26,
2016, at 81 FR 74298, is confirmed to be
February 23, 2017.
FOR FURTHER INFORMATION CONTACT:
Daniel Orr, Center for Drug Evaluation
and Research, Food and Drug
Administration, 10903 New Hampshire
Ave., Bldg. 51, Rm. 6246, Silver Spring,
MD 20993, 240–402–0979,
daniel.orr@fda.hhs.gov.
SUPPLEMENTARY INFORMATION: On
October 26, 2016, the Food and Drug
Administration (FDA or Agency) issued
a direct final rule amending the
regulation on uses of ozone-depleting
substances (ODSs), including
chlorofluorocarbons, to remove the
designations for sterile aerosol talc
administered intrapleurally by
thoracoscopy for human use and
metered-dose atropine sulfate aerosol
human drugs administered by oral
inhalation as ‘‘essential uses’’ under the
Clean Air Act. FDA took this action
because alternative products that do not
use ODSs are now available, and
because these products are no longer
being marketed in versions that contain
ODSs. FDA did not receive any
significant adverse comments regarding
the direct final rule, which was
published with an effective date of
February 23, 2017.
A memorandum of January 20, 2017
(82 FR 8346), from the Assistant to the
President and Chief of Staff, entitled
‘‘Regulatory Freeze Pending Review,’’
directed the heads of Executive
Departments and Agencies to
temporarily postpone for 60 days from
the date of the memorandum the
effective dates of all regulations that had
been published in the Federal Register
but had not yet taken effect, for the
purpose of ‘‘reviewing questions of fact,
law, and policy they raise.’’ The
memorandum also stated that the
Director of OMB may exclude certain
regulations if they ‘‘affect critical health,
safety, financial, or national security
matters, or for some other reason.’’
pmangrum on DSK3GDR082PROD with RULES
SUMMARY:
VerDate Sep<11>2014
14:13 Feb 27, 2017
Jkt 241001
Pursuant to the memorandum, the
Director of OMB has excluded the direct
final rule that published on October 26,
2016, at 81 FR 74298, from the directive
to delay the effective date of certain
regulations. The Department, therefore,
confirms that the effective date of the
direct final rule is February 23, 2017.
Dated: February 22, 2017.
Thomas E. Price,
Secretary.
[FR Doc. 2017–03866 Filed 2–27–17; 8:45 am]
BILLING CODE 4164–01–P
DEPARTMENT OF THE INTERIOR
National Indian Gaming Commission
25 CFR Part 575
Annual Adjustment of Civil Monetary
Penalty To Reflect Inflation
National Indian Gaming
Commission, Department of the Interior.
ACTION: Final rule.
AGENCY:
In compliance with the
Federal Civil Penalties Inflation
Adjustment Act Improvements Act of
2015 (the Act) and Office of
Management and Budget (OMB)
guidance, the National Indian Gaming
Commission (NIGC or Commission) is
amending its civil monetary penalty
rule to reflect an annual adjustment for
inflation in order to improve the
penalty’s effectiveness and maintain its
deterrent effect. The Act provides that
the new penalty level must apply to
penalties assessed after the effective
date of the increase, including when the
penalties whose associated violation
predate the increase.
DATES: This final rule is effective
February 28, 2017.
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). Beginning in 2017, the
Act requires agencies to make annual
inflationary adjustments to their civil
monetary penalties by January 15th of
each year, in accordance with yearly
OMB guidance.
PO 00000
Frm 00006
Fmt 4700
Sfmt 4700
II. Calculation of Annual Adjustment
On December 16, 2016, OMB issued
guidance to agencies to calculate the
annual adjustment. See Memorandum
for the Heads of Executive Departments
and Agencies, from Shaun Donovan,
Director, Office of Management and
Budget, Subject: Implementation of the
2017 annual adjustment pursuant to the
Federal Civil Penalties Inflation
Adjustment Act Improvements Act of
2015. According to OMB, the cost-ofliving adjustment multiplier for 2017,
based on the Consumer Price Index
(CPI–U) for the month of October 2016,
not seasonally adjusted, is 1.01636.
Pursuant to this guidance, the
Commission has calculated the annual
adjustment level of the civil monetary
penalty contained in 25 CFR 575.4
(‘‘The Chairman may assess a civil fine,
not to exceed $49,467 per violation,
against a tribe, management contractor,
or individual operating Indian gaming
for each notice of violation . . .’’). The
2017 adjusted level of the civil
monetary penalty is $50,276 ($49,467 ×
1.01636).
III. Regulatory Matters
Regulatory Planning and Review
This final rule is not a significant rule
under Executive Order 12866.
(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
rule will not have a significant
economic effect on a substantial number
of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.)
because the rule makes annual
adjustments for inflation.
Small Business Regulatory Enforcement
Fairness Act
This 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
E:\FR\FM\28FER1.SGM
28FER1
Federal Register / Vol. 82, No. 38 / Tuesday, February 28, 2017 / Rules and Regulations
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 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 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 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
pmangrum on DSK3GDR082PROD with RULES
This final rule complies with the
requirements of Executive Order 12988.
Specifically, this rule has been reviewed
to eliminate errors and ambiguity and
VerDate Sep<11>2014
14:13 Feb 27, 2017
Jkt 241001
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 annual civil penalty
adjustments in the Act be implemented
no later than January 15th of each year.
Paperwork Reduction Act
This final rule does not affect any
information collections under the
Paperwork Reduction Act.
National Environmental Policy Act
This final rule does not constitute a
major federal action significantly
affecting the quality of the human
environment.
12069
(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
In accordance with the Act, agencies
are to annually adjust civil monetary
penalties without providing an
opportunity for notice and comment,
and without a delay in its effective date.
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
Information Quality Act
1. The authority citation for part 575
continues to read as follows:
In developing this 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
§ 575.4
This 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;
PO 00000
Frm 00007
Fmt 4700
Sfmt 9990
Authority: 25 U.S.C. 2705(a), 2706, 2713,
2715; and Sec. 701, Pub. L. 114–74, 129 Stat.
599.
[Amended]
2. Amend the introductory text of
§ 575.4 by removing ‘‘$49,467’’ and
adding in its place ‘‘$50,276’’.
Dated: February 22, 2017.
Jonodev O. Chaudhuri,
Chairman.
Kathryn Isom-Clause,
Vice Chairwoman.
E. Sequoyah Simermeyer,
Associate Commissioner.
[FR Doc. 2017–03858 Filed 2–27–17; 8:45 am]
BILLING CODE 7565–01–P
E:\FR\FM\28FER1.SGM
28FER1
Agencies
[Federal Register Volume 82, Number 38 (Tuesday, February 28, 2017)]
[Rules and Regulations]
[Pages 12068-12069]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-03858]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
National Indian Gaming Commission
25 CFR Part 575
Annual Adjustment of Civil Monetary Penalty To Reflect Inflation
AGENCY: National Indian Gaming Commission, Department of the Interior.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: In compliance with the Federal Civil Penalties Inflation
Adjustment Act Improvements Act of 2015 (the Act) and Office of
Management and Budget (OMB) guidance, the National Indian Gaming
Commission (NIGC or Commission) is amending its civil monetary penalty
rule to reflect an annual adjustment for inflation in order to improve
the penalty's effectiveness and maintain its deterrent effect. The Act
provides that the new penalty level must apply to penalties assessed
after the effective date of the increase, including when the penalties
whose associated violation predate the increase.
DATES: This final rule is effective February 28, 2017.
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). Beginning in 2017, the Act requires agencies to
make annual inflationary adjustments to their civil monetary penalties
by January 15th of each year, in accordance with yearly OMB guidance.
II. Calculation of Annual Adjustment
On December 16, 2016, OMB issued guidance to agencies to calculate
the annual adjustment. See Memorandum for the Heads of Executive
Departments and Agencies, from Shaun Donovan, Director, Office of
Management and Budget, Subject: Implementation of the 2017 annual
adjustment pursuant to the Federal Civil Penalties Inflation Adjustment
Act Improvements Act of 2015. According to OMB, the cost-of-living
adjustment multiplier for 2017, based on the Consumer Price Index (CPI-
U) for the month of October 2016, not seasonally adjusted, is 1.01636.
Pursuant to this guidance, the Commission has calculated the annual
adjustment level of the civil monetary penalty contained in 25 CFR
575.4 (``The Chairman may assess a civil fine, not to exceed $49,467
per violation, against a tribe, management contractor, or individual
operating Indian gaming for each notice of violation . . .''). The 2017
adjusted level of the civil monetary penalty is $50,276 ($49,467 x
1.01636).
III. Regulatory Matters
Regulatory Planning and Review
This final rule is not a significant rule under Executive Order
12866.
(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 rule will not have a significant
economic effect on a substantial number of small entities under the
Regulatory Flexibility Act (5 U.S.C. 601 et seq.) because the rule
makes annual adjustments for inflation.
Small Business Regulatory Enforcement Fairness Act
This 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
[[Page 12069]]
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 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 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 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 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 annual civil penalty
adjustments in the Act be implemented no later than January 15th of
each year.
Paperwork Reduction Act
This final rule does not affect any information collections under
the Paperwork Reduction Act.
National Environmental Policy Act
This final rule does not constitute a major federal action
significantly affecting the quality of the human environment.
Information Quality Act
In developing this 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 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
In accordance with the Act, agencies are to annually adjust civil
monetary penalties without providing an opportunity for notice and
comment, and without a delay in its effective date. 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 continues to read as follows:
Authority: 25 U.S.C. 2705(a), 2706, 2713, 2715; and Sec. 701,
Pub. L. 114-74, 129 Stat. 599.
Sec. 575.4 [Amended]
0
2. Amend the introductory text of Sec. 575.4 by removing ``$49,467''
and adding in its place ``$50,276''.
Dated: February 22, 2017.
Jonodev O. Chaudhuri,
Chairman.
Kathryn Isom-Clause,
Vice Chairwoman.
E. Sequoyah Simermeyer,
Associate Commissioner.
[FR Doc. 2017-03858 Filed 2-27-17; 8:45 am]
BILLING CODE 7565-01-P