Civil Penalties; 2018 Inflation Adjustments for Civil Monetary Penalties, 5950-5952 [2018-02769]

Download as PDF 5950 Federal Register / Vol. 83, No. 29 / Monday, February 12, 2018 / Rules and Regulations described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104–4). 5. Executive Order 13132: Federalism Executive Order 13132 (64 FR 43255, August 10, 1999) does not apply to this proposed rule because it will not have federalism implications (i.e., 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). 6. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments Executive Order 13175 (65 FR 67249, November 9, 2000) does not apply to this rule because it will not have tribal implications (i.e., substantial direct effects on one or more Indian tribes, or 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). 7. Executive Order 13045: Protection of Children From Environmental Health and Safety Risks This rule is not subject to Executive Order 13045 (62 FR 19885, April 23, 1997), because it is not economically significant as defined in Executive Order 12866 and because the EPA does not have reason to believe the environmental health or safety risks addressed by this action present a disproportionate risk to children. 8. Executive Order 13211: Actions That Significantly Affect Energy Supply, Distribution, or Use This rule is not subject to Executive Order 13211 (66 FR 28355, May 22, 2001), because it is not a significant regulatory action as defined in Executive Order 12866. daltland on DSKBBV9HB2PROD with RULES 9. National Technology Transfer Advancement Act EPA approves state programs as long as they meet criteria required by RCRA, so it would be inconsistent with applicable law for EPA, in its review of a state program, to require the use of any particular voluntary consensus standard in place of another standard that meets the requirements of RCRA. Thus, the requirements of section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do not apply to this proposed rule. VerDate Sep<11>2014 18:49 Feb 09, 2018 Jkt 244001 10. Executive Order 12988 As required by Section 3 of Executive Order 12988 (61 FR 4729, February 7, 1996), in issuing this rule, EPA has taken the necessary steps to eliminate drafting errors and ambiguity, minimize potential litigation, and provide a clear legal standard for affected conduct. 11. Executive Order 12630: Evaluation of Risk and Avoidance of Unanticipated Takings EPA has complied with Executive Order 12630 (53 FR 8859, March 18, 1988) by examining the takings implications of these rules in accordance with the Attorney General’s Supplemental Guidelines for the Evaluation of Risk and Avoidance of Unanticipated Takings issued under the executive order. 12. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low Income Populations Because this rulemaking proposes authorization of pre-existing state rules and imposes no additional requirements beyond those imposed by state law and there are no anticipated significant adverse human health or environmental effects, the rule is not subject to Executive Order 12898 (59 FR 7629, February 16, 1994). 13. Executive Order 13771: Reducing Regulations and Controlling Regulatory Costs This action is not an Executive Order 13771 (82 FR 9339, February 3, 2017) regulatory action because actions such as today’s final authorization of Ohio’s revised hazardous program under RCRA are exempted under Executive Order 12866. 14. Congressional Review Act EPA will submit a report containing this rule and other information required by the Congressional Review Act (5 U.S.C. 801 et seq.) to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication in the Federal Register. A major rule cannot take effect until sixty (60) days after it is published in the Federal Register. This action is not a ‘‘major rule’’ as defined by 5 U.S.C. 804(2). This final authorization will be effective February 12, 2018. List of Subjects in 40 CFR Part 271 Environmental protection; Administrative practice and procedure; Confidential business information; Hazardous materials transportation; Hazardous waste; Indians—lands; PO 00000 Frm 00080 Fmt 4700 Sfmt 4700 Intergovernmental relations; Penalties; Reporting and recordkeeping requirements. Authority: This action is issued under the authority of Sections 2002(a), 3006 and 7004(b) of the Solid Waste Disposal Act, as amended, 42 U.S.C. 6912(a), 6926, 6974(b). Dated: January 23, 2018. Cathy Stepp, Regional Administrator, Region 5. [FR Doc. 2018–02811 Filed 2–9–18; 8:45 am] BILLING CODE 6560–50–P DEPARTMENT OF THE INTERIOR Fish and Wildlife Service 50 CFR Part 11 [Docket No. FWS–HQ–LE–2017–0097; FF09L00200–FX–LE18110900000] RIN 1018–BC05 Civil Penalties; 2018 Inflation Adjustments for Civil Monetary Penalties Fish and Wildlife Service, Interior. ACTION: Final rule. AGENCY: The U.S. Fish and Wildlife Service (Service or we) is issuing this final rule, in accordance with the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (Inflation Adjustment Act) and Office of Management and Budget (OMB) guidance, to adjust for inflation the statutory civil monetary penalties that may be assessed for violations of Service-administered statutes and their implementing regulations. We are required to adjust civil monetary penalties annually for inflation according to a formula specified in the Inflation Adjustment Act. This rule replaces the previously issued amounts with the updated amounts after using the 2018 inflation adjustment multiplier provided in the OMB guidance. DATES: This rule is effective February 12, 2018. ADDRESSES: This rule may be found on the internet at https:// www.regulations.gov in Docket No. FWS–HQ–LE–2017–0097. The previous rulemaking actions related to this rule and described below in SUPPLEMENTARY INFORMATION may be found at https:// www.regulations.gov in Docket Nos. FWS–HQ–LE–2017–0001 and FWS– HQ–LE–2016–0045. FOR FURTHER INFORMATION CONTACT: Neil Gardner, Special Agent in Charge, Branch of Investigations, U.S. Fish and Wildlife Service, Office of Law Enforcement, (703) 358–1949. SUMMARY: E:\FR\FM\12FER1.SGM 12FER1 Federal Register / Vol. 83, No. 29 / Monday, February 12, 2018 / Rules and Regulations SUPPLEMENTARY INFORMATION: daltland on DSKBBV9HB2PROD with RULES Background The regulations in title 50 of the Code of Federal Regulations at 50 CFR part 11 provide uniform rules and procedures for the assessment of civil penalties resulting from violations of certain laws and regulations enforced by the Service. On November 2, 2015, the President signed into law the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (sec. 701 of Pub. L. 114–74) (Inflation Adjustment Act). The Inflation Adjustment Act requires Federal agencies to adjust the level of civil monetary penalties with an initial ‘‘catch up’’ adjustment through rulemaking and then make subsequent annual adjustments for inflation. The purpose of these adjustments is to maintain the deterrent effect of civil penalties and to further the policy goals of the underlying statutes. Under Section 4 of the Federal Civil Penalties Inflation Adjustment Act of 1990, 28 U.S.C. 2461 note, as amended by the Inflation Adjustment Act, Public Law 114–74, 129 Stat. 584 (2015), each Federal agency is required to issue regulations adjusting for inflation the statutory civil monetary penalties (civil penalties) that can be imposed under the laws administered by that agency. The Inflation Adjustment Act provided for an initial ‘‘catch up adjustment’’ to take effect no later than August 1, 2016, followed by subsequent adjustments to be made no later than January 15 every year thereafter. This final rule adjusts the civil penalty amounts that may be imposed pursuant to each statutory provision beginning on the date specified above in DATES. On June 28, 2016, the Service published in the Federal Register an interim rule that revised 50 CFR part 11 (81 FR 41862). We did not receive any comments on the interim rule during the public comment period provided. Therefore, the interim rule became effective on July 28, 2016, as specified in that rule. The Service subsequently published a final rule on December 23, 2016, adopting the interim rule as final (81 FR 94274). On January 19, 2017, the Service published a final rule updating the civil penalty amounts with the 2017 inflation multiplier (82 FR 6307). This final rule adjusts the civil monetary penalty amounts that were listed in the January 19, 2017, final rule and subsequently codified at 50 CFR 11.33 by using the 2018 inflation multiplier provided to all Federal agencies by OMB (see below). VerDate Sep<11>2014 18:49 Feb 09, 2018 Jkt 244001 OMB issued a memorandum, M–18– 03, entitled ‘‘Implementation of Penalty Inflation Adjustments for 2018, Pursuant to the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015,’’ which provides the costof-living adjustment multiplier for 2018: 1.02041. Therefore, we multiplied each penalty in the table published in the final rule on January 19, 2017 (82 FR 6307), by 1.02041 to obtain the 2018 annual adjustment. The new amounts are reflected in the table in the rule portion of this document and replace the current amounts in 50 CFR 11.33. Required Determinations In this final rule, we are affirming our required determinations made in the June 28, 2016, interim rule (81 FR 41862); for descriptions of our actions to ensure compliance with the following statutes and Executive Orders, see that rule: National Environmental Policy Act (42 U.S.C. 4321 et seq.); Regulatory Flexibility Act (5 U.S.C. 601 et seq.); Small Business Regulatory Enforcement Fairness Act (5 U.S.C. 804(2)); Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.); Unfunded Mandates Reform Act (2 U.S.C. 1501 et seq.); Executive Orders 12630, 12866, 12988, 13132, 13175, 13211, and 13563; and Executive Order 13771, Reducing Regulation and Controlling Regulatory Costs This rule is not an Executive Order 13771 regulatory action because this rule is not significant under Executive Order 12866. Administrative Procedure Act As stated above, under Section 4 of the Federal Civil Penalties Inflation Adjustment Act of 1990, 28 U.S.C. 2461 note, as amended by the Inflation Adjustment Act, Public Law 114–74, 129 Stat. 584 (2015), each Federal agency is required to issue regulations adjusting for inflation the statutory civil monetary penalties that can be imposed under the laws administered by that agency. The Inflation Adjustment Act provided for an initial ‘‘catch up adjustment’’ to take effect no later than August 1, 2016, followed by subsequent adjustments to be made no later than January 15 every year thereafter. This final rule adjusts the civil penalty amounts that may be imposed pursuant PO 00000 Frm 00081 Fmt 4700 Sfmt 4700 5951 to each statutory provision beginning on the effective date of this rule. To comply with the Inflation Adjustment Act, we are issuing these regulations as a final rule. Section 553(b) of the Administrative Procedure Act (5 U.S.C. 551 et seq.) provides that, when an agency for good cause finds that notice and public procedure are impracticable, unnecessary, or contrary to the public interest, the agency may issue a rule without providing notice and an opportunity for prior public comment. The Service finds that providing for public comment before issuing this rule is unnecessary as this rulemaking is a nondiscretionary action. The Service is required to publish this rule in order to update the civil penalty amounts by the specified formula described above. The Service has no discretion to vary the amount of the adjustment to reflect any views or suggestions provided by commenters. Since this update to the January 19, 2017, final rule (82 FR 6307) is merely ministerial, we find that prepublication notice and public comment with respect to the revisions set forth in this rule is unnecessary. We also believe that we have good cause under 5 U.S.C. 553(d) to make this rule effective upon publication to meet the statutory deadline imposed by the Inflation Adjustment Act. List of Subjects in 50 CFR Part 11 Administrative practice and procedure, Exports, Fish, Imports, Penalties, Plants, Transportation, Wildlife. Regulation Promulgation For the reasons described above, we amend part 11, subchapter B of chapter I, title 50 of the Code of Federal Regulations as set forth below. PART 11—CIVIL PROCEDURES 1. The authority citation for part 11 continues to read as follows: ■ Authority: 16 U.S.C. 470aa–470mm, 470aaa–470aaa–11, 668–668d, 1361–1384, 1401–1407, 1531–1544, 3371–3378, 4201– 4245, 4901–4916, 5201–5207, 5301–5306; 18 U.S.C. 42–43; 25 U.S.C. 3001–3013; and Sec. 107, Pub. L. 114–74, 129 Stat. 599, unless otherwise noted. 2. Revise the table in § 11.33 to read as follows: ■ § 11.33 * E:\FR\FM\12FER1.SGM Adjustments to penalties. * * 12FER1 * * 5952 Federal Register / Vol. 83, No. 29 / Monday, February 12, 2018 / Rules and Regulations Maximum civil monetary penalty Law Citation Type of violation (a) African Elephant Conservation Act ................. (b) Bald and Golden Eagle Protection Act ........... (c) Endangered Species Act of 1973 .................... 16 U.S.C. 4224(b) ......... 16 U.S.C. 668(b) ........... 16 U.S.C. 1540(a)(1) .... (d) Lacey Act Amendments of 1981 ..................... 16 U.S.C. 3373(a) ......... (e) Marine Mammal Protection Act of 1972 .......... (f) Recreational Hunting Safety Act of 1994 ......... 16 U.S.C. 1375 ............. 16 U.S.C. 5202(b) ......... $10,260 12,964 51,302 24,625 1,296 25,928 648 25,928 16,499 (g) Rhinoceros and Tiger Conservation Act of 1998. (h) Wild Bird Conservation Act ............................. 16 U.S.C. 5305a(b)(2) .. Any violation ......................................................... Any violation ......................................................... (1) Knowing violation of section 1538 .................. (2) Other knowing violation .................................. (3) Any other violation .......................................... (1) Violations referred to in 16 U.S.C. 3373(a)(1) (2) Violations referred to in 16 U.S.C. 3373(a)(2) Any violation ......................................................... (1) Violation involving use of force or violence or threatened use of force or violence. (2) Any other violation .......................................... Any violation ......................................................... (1) Violation of section 4910(a)(1), section 4910(a)(2), or any permit issued under section 4911. (2) Violation of section 4910(a)(3) ....................... (3) Any other violation .......................................... 43,488 Jason Larrabee, Principal Deputy Assistant Secretary, Fish and Wildlife and Parks, Exercising the Authority of the Assistant Secretary, Fish and Wildlife and Parks. [FR Doc. 2018–02769 Filed 2–9–18; 8:45 am] BILLING CODE 4333–15–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 660 [Docket No. 160808696–7010–02] RIN 0648–BH38 2017 Tribal Fishery Allocations for Pacific Whiting; Reapportionment Between Tribal and Non-Tribal Sectors; Widow Rockfish Reapportionment in the Pacific Whiting Fishery National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; reapportionment of tribal Pacific whiting allocation and widow rockfish allocation. AGENCY: This document announces the reapportionment of 41,000 metric tons (mt) of Pacific whiting from the tribal allocation to the non-tribal commercial fishery sectors via automatic action on September 15, 2017, in order to allow full utilization of the Pacific whiting resource, and the reapportionment of 47 mt of widow rockfish in the Pacific whiting fishery via automatic action on August 30, 2017. The reapportionment of widow rockfish from the Mothership daltland on DSKBBV9HB2PROD with RULES SUMMARY: VerDate Sep<11>2014 18:49 Feb 09, 2018 Jkt 244001 16 U.S.C. 4912(a)(1) .... Cooperative to the Catcher Processor Cooperative was necessary to prevent the Catcher Processor Cooperative from reaching its quota for widow rockfish early, thereby closing the fishery before the end of the season and preventing attainment of their Pacific whiting allocation. DATES: The reapportionment of Pacific whiting was applicable from 12 p.m. Pacific standard time, September 15, 2017, until December 31, 2017. The reapportionment of widow rockfish was applicable from 8 p.m. Pacific standard time, August 30, 2017, until December 31, 2017. Comments will be accepted through February 26, 2018. ADDRESSES: You may submit comments, identified by NOAA–NMFS–2017–0136 by any of the following methods: • Electronic Submissions: Submit all electronic public comments via the Federal eRulemaking Portal at www.regulations.gov/#!docketDetail;D= NOAA-NMFS-2017-0136, click the ‘‘Comment Now!’’ icon, complete the required fields, and enter or attach your comments. • Mail: Barry A. Thom., Regional Administrator, West Coast Region, NMFS, 7600 Sand Point Way NE, Seattle, WA 98115–0070, Attn: Keeley Kent. Instructions: Comments sent by any other method, to any other address or individual, or received after the end of the comment period, may not be considered by NMFS. All comments received are a part of the public record. All personal identifying information (e.g., name, address, etc.), confidential business information, or otherwise sensitive information submitted voluntarily by the sender will be publicly accessible. NMFS will accept anonymous comments (enter ‘‘N/A’’ in PO 00000 Frm 00082 Fmt 4700 Sfmt 4700 8,249 18,049 20,874 870 the required fields if you wish to remain anonymous). Attachments to electronic comments will be accepted in Microsoft Word, Excel, or Adobe PDF file formats only. FOR FURTHER INFORMATION CONTACT: Keeley Kent (West Coast Region, NMFS), phone: 206–526–4655 or email: Keeley.Kent@noaa.gov. SUPPLEMENTARY INFORMATION: Electronic Access This notification is accessible via the internet at the Office of the Federal Register’s website at https:// www.gpo.gov/fdsys/search/home.action. Background information and documents are available at the Pacific Fishery Management Council’s website at https:// www.pcouncil.org/. Background Pacific Whiting Pacific whiting (Merluccius productus) is a very productive species with highly variable recruitment (the biomass of fish that mature and enter the fishery each year) and a relatively short life span when compared to other groundfish species. Pacific whiting has the largest (by volume) annual allowable harvest levels of the more than 90 groundfish species managed under the Pacific Coast Groundfish Fishery Management Plan (FMP), which governs the groundfish fishery off Washington, Oregon, and California. The coastwide Pacific whiting stock is managed jointly by the United States (U.S.) and Canada, and mature Pacific whiting are commonly available to vessels operating in U.S. waters from April through December. Background on the stock assessment for and the establishment of the 2017 Total Allowable Catch (TAC) for Pacific whiting is provided in the E:\FR\FM\12FER1.SGM 12FER1

Agencies

[Federal Register Volume 83, Number 29 (Monday, February 12, 2018)]
[Rules and Regulations]
[Pages 5950-5952]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-02769]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 11

[Docket No. FWS-HQ-LE-2017-0097; FF09L00200-FX-LE18110900000]
RIN 1018-BC05


Civil Penalties; 2018 Inflation Adjustments for Civil Monetary 
Penalties

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The U.S. Fish and Wildlife Service (Service or we) is issuing 
this final rule, in accordance with the Federal Civil Penalties 
Inflation Adjustment Act Improvements Act of 2015 (Inflation Adjustment 
Act) and Office of Management and Budget (OMB) guidance, to adjust for 
inflation the statutory civil monetary penalties that may be assessed 
for violations of Service-administered statutes and their implementing 
regulations. We are required to adjust civil monetary penalties 
annually for inflation according to a formula specified in the 
Inflation Adjustment Act. This rule replaces the previously issued 
amounts with the updated amounts after using the 2018 inflation 
adjustment multiplier provided in the OMB guidance.

DATES: This rule is effective February 12, 2018.

ADDRESSES: This rule may be found on the internet at https://www.regulations.gov in Docket No. FWS-HQ-LE-2017-0097. The previous 
rulemaking actions related to this rule and described below in 
SUPPLEMENTARY INFORMATION may be found at https://www.regulations.gov in 
Docket Nos. FWS-HQ-LE-2017-0001 and FWS-HQ-LE-2016-0045.

FOR FURTHER INFORMATION CONTACT: Neil Gardner, Special Agent in Charge, 
Branch of Investigations, U.S. Fish and Wildlife Service, Office of Law 
Enforcement, (703) 358-1949.

[[Page 5951]]


SUPPLEMENTARY INFORMATION:

Background

    The regulations in title 50 of the Code of Federal Regulations at 
50 CFR part 11 provide uniform rules and procedures for the assessment 
of civil penalties resulting from violations of certain laws and 
regulations enforced by the Service.
    On November 2, 2015, the President signed into law the Federal 
Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (sec. 
701 of Pub. L. 114-74) (Inflation Adjustment Act). The Inflation 
Adjustment Act requires Federal agencies to adjust the level of civil 
monetary penalties with an initial ``catch up'' adjustment through 
rulemaking and then make subsequent annual adjustments for inflation. 
The purpose of these adjustments is to maintain the deterrent effect of 
civil penalties and to further the policy goals of the underlying 
statutes.
    Under Section 4 of the Federal Civil Penalties Inflation Adjustment 
Act of 1990, 28 U.S.C. 2461 note, as amended by the Inflation 
Adjustment Act, Public Law 114-74, 129 Stat. 584 (2015), each Federal 
agency is required to issue regulations adjusting for inflation the 
statutory civil monetary penalties (civil penalties) that can be 
imposed under the laws administered by that agency. The Inflation 
Adjustment Act provided for an initial ``catch up adjustment'' to take 
effect no later than August 1, 2016, followed by subsequent adjustments 
to be made no later than January 15 every year thereafter. This final 
rule adjusts the civil penalty amounts that may be imposed pursuant to 
each statutory provision beginning on the date specified above in 
DATES.
    On June 28, 2016, the Service published in the Federal Register an 
interim rule that revised 50 CFR part 11 (81 FR 41862). We did not 
receive any comments on the interim rule during the public comment 
period provided. Therefore, the interim rule became effective on July 
28, 2016, as specified in that rule. The Service subsequently published 
a final rule on December 23, 2016, adopting the interim rule as final 
(81 FR 94274). On January 19, 2017, the Service published a final rule 
updating the civil penalty amounts with the 2017 inflation multiplier 
(82 FR 6307). This final rule adjusts the civil monetary penalty 
amounts that were listed in the January 19, 2017, final rule and 
subsequently codified at 50 CFR 11.33 by using the 2018 inflation 
multiplier provided to all Federal agencies by OMB (see below).
    OMB issued a memorandum, M-18-03, entitled ``Implementation of 
Penalty Inflation Adjustments for 2018, Pursuant to the Federal Civil 
Penalties Inflation Adjustment Act Improvements Act of 2015,'' which 
provides the cost-of-living adjustment multiplier for 2018: 1.02041. 
Therefore, we multiplied each penalty in the table published in the 
final rule on January 19, 2017 (82 FR 6307), by 1.02041 to obtain the 
2018 annual adjustment. The new amounts are reflected in the table in 
the rule portion of this document and replace the current amounts in 50 
CFR 11.33.

Required Determinations

    In this final rule, we are affirming our required determinations 
made in the June 28, 2016, interim rule (81 FR 41862); for descriptions 
of our actions to ensure compliance with the following statutes and 
Executive Orders, see that rule:
    National Environmental Policy Act (42 U.S.C. 4321 et seq.);
    Regulatory Flexibility Act (5 U.S.C. 601 et seq.);
    Small Business Regulatory Enforcement Fairness Act (5 U.S.C. 
804(2));
    Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.);
    Unfunded Mandates Reform Act (2 U.S.C. 1501 et seq.);
    Executive Orders 12630, 12866, 12988, 13132, 13175, 13211, and 
13563; and
    Executive Order 13771, Reducing Regulation and Controlling 
Regulatory Costs
    This rule is not an Executive Order 13771 regulatory action because 
this rule is not significant under Executive Order 12866.

Administrative Procedure Act

    As stated above, under Section 4 of the Federal Civil Penalties 
Inflation Adjustment Act of 1990, 28 U.S.C. 2461 note, as amended by 
the Inflation Adjustment Act, Public Law 114-74, 129 Stat. 584 (2015), 
each Federal agency is required to issue regulations adjusting for 
inflation the statutory civil monetary penalties that can be imposed 
under the laws administered by that agency. The Inflation Adjustment 
Act provided for an initial ``catch up adjustment'' to take effect no 
later than August 1, 2016, followed by subsequent adjustments to be 
made no later than January 15 every year thereafter. This final rule 
adjusts the civil penalty amounts that may be imposed pursuant to each 
statutory provision beginning on the effective date of this rule. To 
comply with the Inflation Adjustment Act, we are issuing these 
regulations as a final rule.
    Section 553(b) of the Administrative Procedure Act (5 U.S.C. 551 et 
seq.) provides that, when an agency for good cause finds that notice 
and public procedure are impracticable, unnecessary, or contrary to the 
public interest, the agency may issue a rule without providing notice 
and an opportunity for prior public comment. The Service finds that 
providing for public comment before issuing this rule is unnecessary as 
this rulemaking is a nondiscretionary action. The Service is required 
to publish this rule in order to update the civil penalty amounts by 
the specified formula described above. The Service has no discretion to 
vary the amount of the adjustment to reflect any views or suggestions 
provided by commenters. Since this update to the January 19, 2017, 
final rule (82 FR 6307) is merely ministerial, we find that pre-
publication notice and public comment with respect to the revisions set 
forth in this rule is unnecessary. We also believe that we have good 
cause under 5 U.S.C. 553(d) to make this rule effective upon 
publication to meet the statutory deadline imposed by the Inflation 
Adjustment Act.

List of Subjects in 50 CFR Part 11

    Administrative practice and procedure, Exports, Fish, Imports, 
Penalties, Plants, Transportation, Wildlife.

Regulation Promulgation

    For the reasons described above, we amend part 11, subchapter B of 
chapter I, title 50 of the Code of Federal Regulations as set forth 
below.

PART 11--CIVIL PROCEDURES

0
1. The authority citation for part 11 continues to read as follows:

    Authority: 16 U.S.C. 470aa-470mm, 470aaa-470aaa-11, 668-668d, 
1361-1384, 1401-1407, 1531-1544, 3371-3378, 4201-4245, 4901-4916, 
5201-5207, 5301-5306; 18 U.S.C. 42-43; 25 U.S.C. 3001-3013; and Sec. 
107, Pub. L. 114-74, 129 Stat. 599, unless otherwise noted.

0
2. Revise the table in Sec.  11.33 to read as follows:


Sec.  11.33  Adjustments to penalties.

* * * * *

[[Page 5952]]



----------------------------------------------------------------------------------------------------------------
                                                                                                   Maximum civil
                  Law                            Citation                Type of violation           monetary
                                                                                                      penalty
----------------------------------------------------------------------------------------------------------------
(a) African Elephant Conservation Act.  16 U.S.C. 4224(b)........  Any violation................         $10,260
(b) Bald and Golden Eagle Protection    16 U.S.C. 668(b).........  Any violation................          12,964
 Act.
(c) Endangered Species Act of 1973....  16 U.S.C. 1540(a)(1).....  (1) Knowing violation of               51,302
                                                                    section 1538.
                                                                   (2) Other knowing violation..          24,625
                                                                   (3) Any other violation......           1,296
(d) Lacey Act Amendments of 1981......  16 U.S.C. 3373(a)........  (1) Violations referred to in          25,928
                                                                    16 U.S.C. 3373(a)(1).
                                                                   (2) Violations referred to in             648
                                                                    16 U.S.C. 3373(a)(2).
(e) Marine Mammal Protection Act of     16 U.S.C. 1375...........  Any violation................          25,928
 1972.
(f) Recreational Hunting Safety Act of  16 U.S.C. 5202(b)........  (1) Violation involving use            16,499
 1994.                                                              of force or violence or
                                                                    threatened use of force or
                                                                    violence.
                                                                   (2) Any other violation......           8,249
(g) Rhinoceros and Tiger Conservation   16 U.S.C. 5305a(b)(2)....  Any violation................          18,049
 Act of 1998.
(h) Wild Bird Conservation Act........  16 U.S.C. 4912(a)(1).....  (1) Violation of section               43,488
                                                                    4910(a)(1), section
                                                                    4910(a)(2), or any permit
                                                                    issued under section 4911.
                                                                   (2) Violation of section               20,874
                                                                    4910(a)(3).
                                                                   (3) Any other violation......             870
----------------------------------------------------------------------------------------------------------------


Jason Larrabee,
Principal Deputy Assistant Secretary, Fish and Wildlife and Parks, 
Exercising the Authority of the Assistant Secretary, Fish and Wildlife 
and Parks.
[FR Doc. 2018-02769 Filed 2-9-18; 8:45 am]
 BILLING CODE 4333-15-P