Annual Adjustment of Civil Monetary Penalty To Reflect Inflation, 6967-6968 [2019-03475]
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Federal Register / Vol. 84, No. 41 / Friday, March 1, 2019 / Rules and Regulations
Regulatory Notices and Analyses
The FAA has determined that this
regulation only involves an established
body of technical regulations for which
frequent and routine amendments are
necessary to keep them operationally
current. It, therefore: (1) Is not a
‘‘significant regulatory action’’ under
Executive Order 12866; (2) is not a
‘‘significant rule’’ under DOT
Regulatory Policies and Procedures (44
FR 11034; February 26, 1979); and (3)
does not warrant preparation of a
regulatory evaluation as the anticipated
impact is so minimal. Since this is a
routine matter that only affects air traffic
procedures and air navigation, it is
certified that this rule, when
promulgated, does not have a significant
economic impact on a substantial
number of small entities under the
criteria of the Regulatory Flexibility Act.
Environmental Review
The FAA has determined that this
action qualifies for categorical exclusion
under the National Environmental
Policy Act in accordance with FAA
Order 1050.1F, ‘‘Environmental
Impacts: Policies and Procedures,’’
paragraph 5–6.5a. This airspace action
is not expected to cause any potentially
significant environmental impacts, and
no extraordinary circumstances exist
that warrant preparation of an
environmental assessment.
Lists of Subjects in 14 CFR Part 71
Airspace, Incorporation by reference,
Navigation (air).
Adoption of the Amendment
In consideration of the foregoing, the
Federal Aviation Administration
amends 14 CFR part 71 as follows:
PART 71—DESIGNATION OF CLASS A,
B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND
REPORTING POINTS
1. The authority citation for part 71
continues to read as follows:
■
Authority: 49 U.S.C. 106(f), 106(g); 40103,
40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR,
1959–1963 Comp., p. 389.
§ 71.1
[Amended]
2. The incorporation by reference in
14 CFR 71.1 of Federal Aviation
Administration Order 7400.11C,
Airspace Designations and Reporting
Points, dated August 13, 2018, and
effective September 15, 2018, is
amended as follows:
jbell on DSK30RV082PROD with RULES
■
Paragraph 6005 Class E Airspace Areas
Extending Upward From 700 Feet or More
Above the Surface of the Earth.
*
*
*
VerDate Sep<11>2014
*
*
16:31 Feb 28, 2019
Jkt 247001
ASO AL E5 Auburn, AL [Amended]
Auburn University Regional Airport, AL
(Lat. 32°36′54″ N, long. 85°26′02″ W)
That airspace extending upward from 700
feet above the surface within a 6.9-mile
radius of Auburn University Regional
Airport, and within 1.6-miles each side of the
237° bearing from the airport, extending from
the 6.9-mile radius to 11 miles southwest of
the airport.
Issued in College Park, Georgia, on
February 20, 2019.
Geoff Lelliott,
Acting Manager, Operations Support Group,
Eastern Service Center, Air Traffic
Organization.
[FR Doc. 2019–03613 Filed 2–28–19; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF THE INTERIOR
National Indian Gaming Commission
Annual Adjustment of Civil Monetary
Penalty To Reflect Inflation
National Indian Gaming
Commission, Department of the Interior.
ACTION: Final rule.
AGENCY:
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 March
1, 2019.
FOR FURTHER INFORMATION CONTACT:
Armando J. Acosta, Senior Attorney,
Office of General Counsel, National
Indian Gaming Commission, at (202)
632–7003; fax (202) 632–7066 (not tollfree 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
Frm 00015
Fmt 4700
each year, in accordance with annual
OMB guidance.
II. Calculation of Annual Adjustment
In December of every year, OMB
issues guidance to agencies to calculate
the annual adjustment. According to
OMB, the cost-of-living adjustment
multiplier for 2019 is 1.02522, based on
the Consumer Price Index for the month
of October 2018.
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 $51,302 per violation,
against a tribe, management contractor,
or individual operating Indian gaming
for each notice of violation . . .’’). The
2019 adjusted level of the civil
monetary penalty is $52,596 ($51,302 ×
1.02522).
III. Regulatory Matters
25 CFR Part 575
PO 00000
6967
Sfmt 4700
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
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
E:\FR\FM\01MRR1.SGM
01MRR1
6968
Federal Register / Vol. 84, No. 41 / Friday, March 1, 2019 / Rules and Regulations
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.
jbell on DSK30RV082PROD with RULES
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.
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).
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
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.
List of Subjects in 25 CFR Part 575
VerDate Sep<11>2014
16:31 Feb 28, 2019
Jkt 247001
BILLING CODE 7565–01–P
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
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.
§ 575.4
[Amended]
2. Amend the introductory text of
§ 575.4 by removing ‘‘$51,302’’ and
adding in its place ‘‘$52,596’’.
■
PO 00000
Frm 00016
Fmt 4700
Sfmt 4700
DEPARTMENT OF DEFENSE
Office of the Secretary
32 CFR Part 337
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.
National Environmental Policy Act
This final rule does not constitute a
major federal action significantly
[FR Doc. 2019–03475 Filed 2–28–19; 8:45 am]
Effects on the Energy Supply
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.
Paperwork Reduction Act
This final rule does not affect any
information collections under the
Paperwork Reduction Act.
Dated: January 8, 2019.
Jonodev O. Chaudhuri,
Chairman,
Kathryn Isom-Clause,
Vice Chair,
E. Sequoyah Simermeyer,
Associate Commissioner.
[Docket ID: DOD–2019–OS–0004]
RIN 0790–AK48
Availability of DoD Directives, DoD
Instructions, DoD Publications, and
Changes
Office of the Secretary, DoD.
Final rule.
AGENCY:
ACTION:
SUMMARY: This final rule removes DoD’s
obsolete regulation which established a
subscription service that entitled
subscribers to receive new and revised
DoD issuances cleared for public
release. This rule predated the free,
publicly available, online collection of
DoD Directives, Instructions,
Publications, and Changes. The
subscription service was discontinued,
and the content of this rule is obsolete.
DATES: This rule is effective on March 1,
2019.
FOR FURTHER INFORMATION CONTACT:
Morgan E. Park at 571–372–0489.
SUPPLEMENTARY INFORMATION: It has been
determined that publication of this rule
removal in the CFR for public comment
is impracticable, unnecessary, and
contrary to public interest since it is
based on removing obsolete
information. This regulation was last
updated on December 10, 1991 (56 FR
64482), prior to the discontinuation of
the subscription service. DoD issuances
are publicly available on the DoD
Directives Division’s website: https://
www.esd.whs.mil/DD/DoD-Issuances/.
This rule is not significant under
Executive Order (E.O.) 12866,
‘‘Regulatory Planning and Review,’’
therefore, E.O. 13771, ‘‘Reducing
Regulation and Controlling Regulatory
Costs’’ does not apply.
List of Subjects in 32 CFR Part 337
Freedom of information, Government
publications.
E:\FR\FM\01MRR1.SGM
01MRR1
Agencies
[Federal Register Volume 84, Number 41 (Friday, March 1, 2019)]
[Rules and Regulations]
[Pages 6967-6968]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-03475]
=======================================================================
-----------------------------------------------------------------------
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 March 1, 2019.
FOR FURTHER INFORMATION 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 annual OMB guidance.
II. Calculation of Annual Adjustment
In December of every year, OMB issues guidance to agencies to
calculate the annual adjustment. According to OMB, the cost-of-living
adjustment multiplier for 2019 is 1.02522, based on the Consumer Price
Index for the month of October 2018.
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 $51,302
per violation, against a tribe, management contractor, or individual
operating Indian gaming for each notice of violation . . .''). The 2019
adjusted level of the civil monetary penalty is $52,596 ($51,302 x
1.02522).
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 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
[[Page 6968]]
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 ``$51,302''
and adding in its place ``$52,596''.
Dated: January 8, 2019.
Jonodev O. Chaudhuri,
Chairman,
Kathryn Isom-Clause,
Vice Chair,
E. Sequoyah Simermeyer,
Associate Commissioner.
[FR Doc. 2019-03475 Filed 2-28-19; 8:45 am]
BILLING CODE 7565-01-P