Civil Monetary Penalty Inflation Adjustment, 3077-3079 [2018-01168]
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Federal Register / Vol. 83, No. 15 / Tuesday, January 23, 2018 / Rules and Regulations
Authority: 5 U.S.C. 301 et seq., 25 U.S.C.
396 et seq., 396a et seq., 2101 et seq.; 30
U.S.C. 181 et seq., 351 et seq., 1001 et seq.,
1701 et seq.; 31 U.S.C. 3335, 3711, 3716–18,
3720A, 9701; 43 U.S.C. 1301 et seq., 1331 et
seq., and 1801 et seq.
■
■
■
■
2. Amend § 1218.540 by:
a. Revising paragraphs (a)(2) and (3);
b. Removing paragraph (a)(4); and
c. Revising paragraph (d).
The revisions read as follows:
§ 1218.540 How does ONRR serve official
correspondence?
*
*
*
*
*
(a) * * *
(2) Personal delivery made pursuant
to the law of the State in which the
service is effected; or
(3) Private mailing service (such as
the United Parcel Service or Federal
Express), with signature and date upon
delivery acknowledging the addressee of
record’s receipt of the official
correspondence document.
*
*
*
*
*
(d) Constructive service. If we cannot
make delivery to the addressee of record
after making a reasonable effort, we
deem official correspondence as
constructively served seven days after
the date when we mail the document.
This provision covers situations such as
those where no delivery occurs because:
(1) The addressee of record has moved
without filing a forwarding address;
(2) The forwarding order has expired;
(3) Delivery was expressly refused; or
(4) The document was unclaimed and
the attempt to deliver it is substantiated
by:
(i) The U.S. Postal Service;
(ii) A private mailing service, as
described in this section; or
(iii) The person who attempted to
make delivery using some other method
of service.
[FR Doc. 2018–01068 Filed 1–22–18; 8:45 am]
BILLING CODE 4335–30–P
DEPARTMENT OF DEFENSE
Office of the Secretary
32 CFR Part 269
[Docket ID: DOD–2016–OS–0045]
sradovich on DSK3GMQ082PROD with RULES
RIN 0790–AK09
Civil Monetary Penalty Inflation
Adjustment
Under Secretary of Defense
(Comptroller), Department of Defense.
ACTION: Final rule.
AGENCY:
The Department of Defense is
issuing this final rule to adjust each of
SUMMARY:
VerDate Sep<11>2014
15:56 Jan 22, 2018
Jkt 244001
its statutory civil monetary penalties
(CMP) to account for inflation. The
Federal Civil Penalties Inflation
Adjustment Act of 1990, as amended by
the Debt Collection Improvement Act of
1996 and the Federal Civil Penalties
Inflation Adjustment Act Improvements
Act of 2015 (the 2015 Act), requires the
head of each agency to adjust for
inflation its CMP levels in effect as of
November 2, 2015, under a revised
methodology that was effective for 2016
and for each year thereafter.
DATES: This rule is effective January 23,
2018 and is applicable beginning on
January 12, 2018.
FOR FURTHER INFORMATION CONTACT:
Brian Banal, 703–571–1652.
SUPPLEMENTARY INFORMATION:
Background Information
The Federal Civil Penalties Inflation
Adjustment Act of 1990, Public Law
101–410, 104 Stat. 890 (28 U.S.C. 2461,
note), as amended by the Debt
Collection Improvement Act of 1996,
Public Law 104–134, April 26, 1996,
and further amended by the Federal
Civil Penalties Inflation Adjustment Act
Improvements Act of 2015 (the 2015
Act), Public Law 114–74, November 2,
2015, required agencies to annually
adjust the level of CMPs for inflation to
improve their effectiveness and
maintain their deterrent effect. The 2015
Act required that not later than July 1,
2016, and not later than January 15 of
every year thereafter, the head of each
agency must adjust each CMP within its
jurisdiction by the inflation adjustment
described in the 2015 Act. The inflation
adjustment is determined by increasing
the maximum CMP or the range of
minimum and maximum CMPs, as
applicable, for each CMP by the cost-ofliving adjustment, rounded to the
nearest multiple of $1. The cost-ofliving adjustment is the percentage (if
any) for each CMP by which the
Consumer Price Index (CPI) for the
month of October preceding the date of
the adjustment (January 15), exceeds the
CPI for the month of October in the
previous calendar year.
The initial catch up adjustments for
inflation to the Department of Defense’s
CMPs were published as an interim
final rule in the Federal Register on
May 26, 2016 (81 FR 33389–33391) and
became effective on that date. The
interim final rule was published as a
final rule without change on September
12, 2016 (81 FR 62629–62631), effective
that date. The revised methodology for
agencies for 2018 and each year
thereafter provides for the improvement
of the effectiveness of CMPs and to
maintain their deterrent effect. Effective
PO 00000
Frm 00019
Fmt 4700
Sfmt 4700
3077
2018, agencies’ annual adjustments for
inflation to CMPs shall take effect not
later than January 15. The Department
of Defense is adjusting the level of all
civil monetary penalties under its
jurisdiction by the Office of
Management and Budget (OMB)
directed cost-of-living adjustment
multiplier for 2018 of 1.02041
prescribed in OMB Memorandum M–
18–03, ‘‘Implementation of Penalty
Inflation Adjustments for 2018,
pursuant to the Federal Civil Penalties
Inflation Adjustment Act Improvements
Act of 2015,’’ dated December 15, 2017.
The Department of Defense’s 2018
adjustments for inflation to CMPs apply
only to those CMPs, including those
whose associated violation predated
such adjustment, which are assessed by
the Department of Defense after the
effective date of the new CMP level.
Statement of Authority and Costs and
Benefits
Pursuant to 5 U.S.C. 553(b)B, there is
good cause to issue this rule without
prior public notice or opportunity for
public comment because it would be
impracticable and unnecessary. The
Federal Civil Penalties Inflation
Adjustment Act Improvements Act of
2015 (Section 701(b)) requires agencies,
effective 2017, to make annual
adjustments for inflation to CMPs
notwithstanding section 553 of title 5,
United States Code. Additionally, the
methodology used, effective 2017, for
adjusting CMPs for inflation is
established in statute, with no
discretion provided to agencies
regarding the substance of the
adjustments for inflation to CMPs. The
Department of Defense is charged only
with performing ministerial
computations to determine the dollar
amount of adjustments for inflation to
CMPs.
Further, there are no significant costs
associated with the regulatory revisions
that would impose any mandates on the
Department of Defense, Federal, State or
local governments, or the private sector.
Accordingly, prior public notice and an
opportunity for public comment are not
required for this rule. The benefit of this
rule is the Department of Defense
anticipates that civil monetary penalty
collections may increase in the future
due to new penalty authorities and
other changes in this rule. However, it
is difficult to accurately predict the
extent of any increase, if any, due to a
variety of factors, such as budget and
staff resources, the number and quality
of civil penalty referrals or leads, and
the length of time needed to investigate
and resolve a case.
E:\FR\FM\23JAR1.SGM
23JAR1
3078
Federal Register / Vol. 83, No. 15 / Tuesday, January 23, 2018 / Rules and Regulations
Regulatory Procedures
Executive Order 12866, ‘‘Regulatory
Planning and Review’’ and Executive
Order 13563, ‘‘Improving Regulation
and Regulatory Review’’
Executive Orders 13563 and 12866
direct agencies to assess all costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety
effects, distribute impacts, and equity).
Executive Order 13563 emphasizes the
importance of quantifying both costs
and benefits, of reducing costs, of
harmonizing rules, and of promoting
flexibility. This rule has not been
designated a ‘‘significant regulatory
action,’’ because it does not: (1) Have an
annual effect on the economy of $100
million or more or adversely affect in a
material way the economy; a section of
the economy; productivity; competition;
jobs; the environment; public health or
safety; or State, local, or tribal
governments or communities; (2) create
a serious inconsistency or otherwise
interfere with an action taken or
planned by another Agency; (3)
materially alter the budgetary impact of
entitlements, grants, user fees, or loan
programs, or the rights and obligations
of recipients thereof; or (4) raise novel
legal or policy issues arising out of legal
mandates, the President’s priorities, or
the principles set forth in these
Executive Orders.
Executive Order 13771, ‘‘Reducing
Regulation and Controlling Regulatory
Costs’’
Executive Order 13771 requires that
for every significant regulation
promulgated, an agency must identify
two for elimination and offset its costs.
This rule is exempt from these
requirements because it has been
deemed not significant by the Office of
Management and Budget.
Unfunded Mandates Reform Act
(2 U.S.C. Chapter 25)
Section 202 of the Unfunded
Mandates Reform Act of 1995 (UMRA)
(2 U.S.C. 1532) requires agencies to
assess anticipated costs and benefits
before issuing any rule the mandates of
which require spending in any year of
$100 million in 1995 dollars, updated
annually for inflation. In 2016, that
threshold is approximately $146
million. This rule will not mandate any
requirements for State, local, or tribal
governments, nor will it affect private
sector costs.
Public Law 96–354, ‘‘Regulatory
Flexibility Act’’ (5 U.S.C. Chapter 6)
Because notice of proposed
rulemaking and opportunity for
comment are not required pursuant to 5
U.S.C. 553, or any other law, the
analytical requirements of the
Regulatory Flexibility Act (5 U.S.C. 601,
et seq.) are inapplicable. Therefore, a
regulatory flexibility analysis is not
required and has not been prepared.
Public Law 96–511, ‘‘Paperwork
Reduction Act’’ (44 U.S.C. Chapter 35)
The Department of Defense
determined that provisions of the
Paperwork Reduction Act of 1995,
Public Law 104–13, 44 U.S.C. Chapter
35, and its implementing regulations, 5
CFR part 1320, do not apply to this rule
because there are no new or revised
recordkeeping or reporting
requirements.
Executive Order 13132, ‘‘Federalism’’
Executive Order 13132 establishes
certain requirements that an agency
must meet when it promulgates a rule
that imposes substantial direct
requirement costs on State and local
governments, preempts State law, or
otherwise has Federalism implications.
This final rule will not have a
substantial effect on State and local
governments.
List of Subjects in 32 CFR Part 269
Administrative practice and
procedure, Penalties.
Accordingly, 32 CFR part 269 is
amended as follows.
PART 269—[AMENDED]
1. The authority citation for 32 CFR
part 269 continues to read as follows:
■
Authority: 28 U.S.C. 2461 note.
■
2. Revise § 269.4(d) to read as follows:
§ 269.4 Cost of living adjustments of civil
monetary penalties.
*
*
*
*
*
(d) Inflation adjustment. Maximum
civil monetary penalties within the
jurisdiction of the Department are
adjusted for inflation as follows:
Maximum
penalty
amount
as of 01/15/17
United States Code
Civil monetary penalty description
National Defense Authorization Act
for FY 2005, 10 U.S.C. 113, note.
10 U.S.C. 1094(c)(1) .......................
10 U.S.C. 1102(k) ............................
Unauthorized Activities Directed at or Possession of Sunken Military
Craft.
Unlawful Provision of Health Care ............................................................
Wrongful Disclosure—Medical Records:
First Offense ..........................................................................................
Subsequent Offense ..............................................................................
Violation of the Pentagon Reservation Operation and Parking of Motor
Vehicles Rules and Regulations.
Violation Involving False Claim .................................................................
Violation Involving False Statement ..........................................................
10 U.S.C. 2674(c)(2) .......................
sradovich on DSK3GMQ082PROD with RULES
31 U.S.C. 3802(a)(1) .......................
31 U.S.C. 3802(a)(2) .......................
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15:56 Jan 22, 2018
Jkt 244001
PO 00000
Frm 00020
Fmt 4700
Sfmt 9990
E:\FR\FM\23JAR1.SGM
23JAR1
New adjusted
maximum
penalty
amount
$126,626
$129,211
11,119
11,346
6,575
43,832
1,811
6,709
44,726
1,848
10,957
10,957
11,181
11,181
Federal Register / Vol. 83, No. 15 / Tuesday, January 23, 2018 / Rules and Regulations
Dated: January 18, 2018.
Aaron Siegel,
Alternate OSD Federal Register Liaison
Officer, Department of Defense.
of Subsistence Management website
(https://www.doi.gov/subsistence). The
comments received in response to the
proposed rule are available on
www.regulations.gov in Docket No.
FWS–R7–SM–2015–0003.
[FR Doc. 2018–01168 Filed 1–22–18; 8:45 am]
BILLING CODE 5001–06–P
FOR FURTHER INFORMATION CONTACT:
Fish and Wildlife Service
Chair, Federal Subsistence Board, c/o
U.S. Fish and Wildlife Service,
Attention: Eugene R. Peltola, Jr., Office
of Subsistence Management; (907) 786–
3888 or subsistence@fws.gov. For
questions specific to National Forest
System lands, contact Thomas Whitford,
Regional Subsistence Program Leader,
USDA, Forest Service, Alaska Region;
(907) 743–9461 or twhitford@fs.fed.us.
50 CFR Part 100
SUPPLEMENTARY INFORMATION:
[Docket No. FWS–R7–SM–2015–0003;
FXFR13350700640–167–FF07J00000;
FBMS#4500096963]
Background
DEPARTMENT OF AGRICULTURE
Forest Service
36 CFR Part 242
DEPARTMENT OF THE INTERIOR
RIN 1018–BA76
Subsistence Management Regulations
for Public Lands in Alaska—2017–18
and 2018–19 Subsistence Taking of
Fish Regulations
Forest Service, Agriculture;
Fish and Wildlife Service, Interior.
ACTION: Final rule.
AGENCY:
This final rule establishes
regulations for seasons, harvest limits,
methods, and means related to taking of
fish for subsistence uses in Alaska
during the 2017–2018 and 2018–2019
regulatory years. The Federal
Subsistence Board (Board) completes
the biennial process of revising
subsistence hunting and trapping
regulations in even-numbered years and
subsistence fishing and shellfish
regulations in odd-numbered years;
public proposal and review processes
take place during the preceding year.
The Board also addresses customary and
traditional use determinations during
the applicable biennial cycle. This rule
also revises fish customary and
traditional use determinations.
DATES: This rule is effective January 23,
2018.
ADDRESSES: The Board meeting
transcripts are available for review at
the Office of Subsistence Management,
1011 East Tudor Road, Mail Stop 121,
Anchorage, AK 99503, or on the Office
SUMMARY:
Under Title VIII of the Alaska
National Interest Lands Conservation
Act (ANILCA) (16 U.S.C. 3111–3126),
the Secretary of the Interior and the
Secretary of Agriculture (Secretaries)
jointly implement the Federal
Subsistence Management Program. This
program provides a preference for take
of fish and wildlife resources for
subsistence uses on Federal public
lands and waters in Alaska. The
Secretaries published temporary
regulations to carry out this program in
the Federal Register on June 29, 1990
(55 FR 27114), and published final
regulations in the Federal Register on
May 29, 1992 (57 FR 22940). The
Program managers have subsequently
amended these regulations a number of
times. Because this program is a joint
effort between Interior and Agriculture,
these regulations are located in two
titles of the Code of Federal Regulations
(CFR): Title 36, ‘‘Parks, Forests, and
Public Property,’’ and Title 50,
‘‘Wildlife and Fisheries,’’ at 36 CFR
242.1–242.28 and 50 CFR 100.1–100.28,
respectively. The regulations contain
subparts as follows: Subpart A, General
Provisions; Subpart B, Program
Structure; Subpart C, Board
Determinations; and Subpart D,
Subsistence Taking of Fish and Wildlife.
Consistent with subpart B of these
regulations, the Secretaries established a
Federal Subsistence Board to administer
the Federal Subsistence Management
Program. The Board comprises:
3079
• A Chair appointed by the Secretary
of the Interior with concurrence of the
Secretary of Agriculture;
• The Alaska Regional Director, U.S.
Fish and Wildlife Service;
• The Alaska Regional Director,
National Park Service;
• The Alaska State Director, Bureau
of Land Management;
• The Alaska Regional Director,
Bureau of Indian Affairs;
• The Alaska Regional Forester,
USDA Forest Service; and
• Two public members appointed by
the Secretary of the Interior with
concurrence of the Secretary of
Agriculture.
Through the Board, these agencies
participate in the development of
regulations for subparts C and D, which,
among other things, set forth program
eligibility and specific harvest seasons
and limits.
In administering the program, the
Secretaries divided Alaska into 10
subsistence resource regions, each of
which is represented by a Federal
Subsistence Regional Advisory Council
(Council). The Councils provide a forum
for rural residents with personal
knowledge of local conditions and
resource requirements to have a
meaningful role in the subsistence
management of fish and wildlife on
Federal public lands in Alaska. The
Council members represent varied
geographical, cultural, and user interests
within each region.
The Board addresses customary and
traditional use determinations during
the applicable biennial cycle. Section
ll.24 (customary and traditional use
determinations) was originally
published in the Federal Register on
May 29, 1992 (57 FR 22940). The
regulations at 36 CFR 242.4 and 50 CFR
100.4 define ‘‘customary and traditional
use’’ as ‘‘a long-established, consistent
pattern of use, incorporating beliefs and
customs which have been transmitted
from generation to generation. . . .’’
Since 1992, the Board has made a
number of customary and traditional
use determinations at the request of
affected subsistence users. Those
modifications, along with some
administrative corrections, were
published in the Federal Register as
follows:
sradovich on DSK3GMQ082PROD with RULES
MODIFICATIONS TO § ll.24
Rule made changes to the
following provisions
of ll.24
Federal Register citation
Date of publication
59 FR 27462 ....................................................................
59 FR 51855 ....................................................................
60 FR 10317 ....................................................................
May 27, 1994 ...................................................................
October 13, 1994 .............................................................
February 24, 1995 ...........................................................
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Jkt 244001
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23JAR1
Wildlife and Fish/Shellfish.
Wildlife and Fish/Shellfish.
Wildlife and Fish/Shellfish.
]]>Agencies
[Federal Register Volume 83, Number 15 (Tuesday, January 23, 2018)]
[Rules and Regulations]
[Pages 3077-3079]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-01168]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Office of the Secretary
32 CFR Part 269
[Docket ID: DOD-2016-OS-0045]
RIN 0790-AK09
Civil Monetary Penalty Inflation Adjustment
AGENCY: Under Secretary of Defense (Comptroller), Department of
Defense.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Department of Defense is issuing this final rule to adjust
each of its statutory civil monetary penalties (CMP) to account for
inflation. The Federal Civil Penalties Inflation Adjustment Act of
1990, as amended by the Debt Collection Improvement Act of 1996 and the
Federal Civil Penalties Inflation Adjustment Act Improvements Act of
2015 (the 2015 Act), requires the head of each agency to adjust for
inflation its CMP levels in effect as of November 2, 2015, under a
revised methodology that was effective for 2016 and for each year
thereafter.
DATES: This rule is effective January 23, 2018 and is applicable
beginning on January 12, 2018.
FOR FURTHER INFORMATION CONTACT: Brian Banal, 703-571-1652.
SUPPLEMENTARY INFORMATION:
Background Information
The Federal Civil Penalties Inflation Adjustment Act of 1990,
Public Law 101-410, 104 Stat. 890 (28 U.S.C. 2461, note), as amended by
the Debt Collection Improvement Act of 1996, Public Law 104-134, April
26, 1996, and further amended by the Federal Civil Penalties Inflation
Adjustment Act Improvements Act of 2015 (the 2015 Act), Public Law 114-
74, November 2, 2015, required agencies to annually adjust the level of
CMPs for inflation to improve their effectiveness and maintain their
deterrent effect. The 2015 Act required that not later than July 1,
2016, and not later than January 15 of every year thereafter, the head
of each agency must adjust each CMP within its jurisdiction by the
inflation adjustment described in the 2015 Act. The inflation
adjustment is determined by increasing the maximum CMP or the range of
minimum and maximum CMPs, as applicable, for each CMP by the cost-of-
living adjustment, rounded to the nearest multiple of $1. The cost-of-
living adjustment is the percentage (if any) for each CMP by which the
Consumer Price Index (CPI) for the month of October preceding the date
of the adjustment (January 15), exceeds the CPI for the month of
October in the previous calendar year.
The initial catch up adjustments for inflation to the Department of
Defense's CMPs were published as an interim final rule in the Federal
Register on May 26, 2016 (81 FR 33389-33391) and became effective on
that date. The interim final rule was published as a final rule without
change on September 12, 2016 (81 FR 62629-62631), effective that date.
The revised methodology for agencies for 2018 and each year thereafter
provides for the improvement of the effectiveness of CMPs and to
maintain their deterrent effect. Effective 2018, agencies' annual
adjustments for inflation to CMPs shall take effect not later than
January 15. The Department of Defense is adjusting the level of all
civil monetary penalties under its jurisdiction by the Office of
Management and Budget (OMB) directed cost-of-living adjustment
multiplier for 2018 of 1.02041 prescribed in OMB Memorandum M-18-03,
``Implementation of Penalty Inflation Adjustments for 2018, pursuant to
the Federal Civil Penalties Inflation Adjustment Act Improvements Act
of 2015,'' dated December 15, 2017. The Department of Defense's 2018
adjustments for inflation to CMPs apply only to those CMPs, including
those whose associated violation predated such adjustment, which are
assessed by the Department of Defense after the effective date of the
new CMP level.
Statement of Authority and Costs and Benefits
Pursuant to 5 U.S.C. 553(b)B, there is good cause to issue this
rule without prior public notice or opportunity for public comment
because it would be impracticable and unnecessary. The Federal Civil
Penalties Inflation Adjustment Act Improvements Act of 2015 (Section
701(b)) requires agencies, effective 2017, to make annual adjustments
for inflation to CMPs notwithstanding section 553 of title 5, United
States Code. Additionally, the methodology used, effective 2017, for
adjusting CMPs for inflation is established in statute, with no
discretion provided to agencies regarding the substance of the
adjustments for inflation to CMPs. The Department of Defense is charged
only with performing ministerial computations to determine the dollar
amount of adjustments for inflation to CMPs.
Further, there are no significant costs associated with the
regulatory revisions that would impose any mandates on the Department
of Defense, Federal, State or local governments, or the private sector.
Accordingly, prior public notice and an opportunity for public comment
are not required for this rule. The benefit of this rule is the
Department of Defense anticipates that civil monetary penalty
collections may increase in the future due to new penalty authorities
and other changes in this rule. However, it is difficult to accurately
predict the extent of any increase, if any, due to a variety of
factors, such as budget and staff resources, the number and quality of
civil penalty referrals or leads, and the length of time needed to
investigate and resolve a case.
[[Page 3078]]
Regulatory Procedures
Executive Order 12866, ``Regulatory Planning and Review'' and Executive
Order 13563, ``Improving Regulation and Regulatory Review''
Executive Orders 13563 and 12866 direct agencies to assess all
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distribute impacts, and equity). Executive
Order 13563 emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility. This rule has not been designated a ``significant
regulatory action,'' because it does not: (1) Have an annual effect on
the economy of $100 million or more or adversely affect in a material
way the economy; a section of the economy; productivity; competition;
jobs; the environment; public health or safety; or State, local, or
tribal governments or communities; (2) create a serious inconsistency
or otherwise interfere with an action taken or planned by another
Agency; (3) materially alter the budgetary impact of entitlements,
grants, user fees, or loan programs, or the rights and obligations of
recipients thereof; or (4) raise novel legal or policy issues arising
out of legal mandates, the President's priorities, or the principles
set forth in these Executive Orders.
Executive Order 13771, ``Reducing Regulation and Controlling Regulatory
Costs''
Executive Order 13771 requires that for every significant
regulation promulgated, an agency must identify two for elimination and
offset its costs. This rule is exempt from these requirements because
it has been deemed not significant by the Office of Management and
Budget.
Unfunded Mandates Reform Act (2 U.S.C. Chapter 25)
Section 202 of the Unfunded Mandates Reform Act of 1995 (UMRA) (2
U.S.C. 1532) requires agencies to assess anticipated costs and benefits
before issuing any rule the mandates of which require spending in any
year of $100 million in 1995 dollars, updated annually for inflation.
In 2016, that threshold is approximately $146 million. This rule will
not mandate any requirements for State, local, or tribal governments,
nor will it affect private sector costs.
Public Law 96-354, ``Regulatory Flexibility Act'' (5 U.S.C. Chapter 6)
Because notice of proposed rulemaking and opportunity for comment
are not required pursuant to 5 U.S.C. 553, or any other law, the
analytical requirements of the Regulatory Flexibility Act (5 U.S.C.
601, et seq.) are inapplicable. Therefore, a regulatory flexibility
analysis is not required and has not been prepared.
Public Law 96-511, ``Paperwork Reduction Act'' (44 U.S.C. Chapter 35)
The Department of Defense determined that provisions of the
Paperwork Reduction Act of 1995, Public Law 104-13, 44 U.S.C. Chapter
35, and its implementing regulations, 5 CFR part 1320, do not apply to
this rule because there are no new or revised recordkeeping or
reporting requirements.
Executive Order 13132, ``Federalism''
Executive Order 13132 establishes certain requirements that an
agency must meet when it promulgates a rule that imposes substantial
direct requirement costs on State and local governments, preempts State
law, or otherwise has Federalism implications. This final rule will not
have a substantial effect on State and local governments.
List of Subjects in 32 CFR Part 269
Administrative practice and procedure, Penalties.
Accordingly, 32 CFR part 269 is amended as follows.
PART 269--[AMENDED]
0
1. The authority citation for 32 CFR part 269 continues to read as
follows:
Authority: 28 U.S.C. 2461 note.
0
2. Revise Sec. 269.4(d) to read as follows:
Sec. 269.4 Cost of living adjustments of civil monetary penalties.
* * * * *
(d) Inflation adjustment. Maximum civil monetary penalties within
the jurisdiction of the Department are adjusted for inflation as
follows:
----------------------------------------------------------------------------------------------------------------
Maximum New adjusted
United States Code Civil monetary penalty description penalty amount maximum
as of 01/15/17 penalty amount
----------------------------------------------------------------------------------------------------------------
National Defense Authorization Act for FY Unauthorized Activities Directed at $126,626 $129,211
2005, 10 U.S.C. 113, note. or Possession of Sunken Military
Craft.
10 U.S.C. 1094(c)(1)....................... Unlawful Provision of Health Care.. 11,119 11,346
10 U.S.C. 1102(k).......................... Wrongful Disclosure--Medical
Records:
First Offense 6,575 6,709
Subsequent Offense 43,832 44,726
10 U.S.C. 2674(c)(2)....................... Violation of the Pentagon 1,811 1,848
Reservation Operation and Parking
of Motor Vehicles Rules and
Regulations.
31 U.S.C. 3802(a)(1)....................... Violation Involving False Claim.... 10,957 11,181
31 U.S.C. 3802(a)(2)....................... Violation Involving False Statement 10,957 11,181
----------------------------------------------------------------------------------------------------------------
[[Page 3079]]
Dated: January 18, 2018.
Aaron Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 2018-01168 Filed 1-22-18; 8:45 am]
BILLING CODE 5001-06-P
