Civil Penalties; 2018 Inflation Adjustments for Civil Monetary Penalties, 5950-5952 [2018-02769]
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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.
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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;
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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:
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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).
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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
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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
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SUMMARY:
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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]
=======================================================================
-----------------------------------------------------------------------
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]]
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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
