Civil Penalties Inflation Adjustments, 6975-6977 [2019-03659]
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Federal Register / Vol. 84, No. 41 / Friday, March 1, 2019 / Rules and Regulations
Waiver of Proposed Rulemaking and
Delayed Effective Date
Under the Administrative Procedure
Act (APA) (5 U.S.C. 553), the
Department generally offers interested
parties the opportunity to comment on
proposed regulations. However, the
APA provides that an agency is not
required to conduct notice-andcomment rulemaking when the agency,
for good cause, finds that notice and
public comment thereon are
impracticable, unnecessary, or contrary
to the public interest (5 U.S.C.
553(b)(B)). There is good cause to waive
rulemaking here as unnecessary.
Rulemaking is ‘‘unnecessary’’ in those
situations in which ‘‘the administrative
rule is a routine determination,
insignificant in nature and impact, and
inconsequential to the industry and to
the public.’’ Utility Solid Waste
Activities Group v. EPA, 236 F.3d 749,
755 (D.C. Cir. 2001), quoting U.S.
Department of Justice, Attorney
General’s Manual on the Administrative
Procedure Act 31 (1947) and South
Carolina v. Block, 558 F. Supp. 1004,
1016 (D.S.C. 1983).
This regulatory action merely
effectuates our intent from the 2016
rulemaking to remove 34 CFR part 461
from the Code of Federal Regulations. In
2016, when we intended to remove 34
CFR part 461 from the Code of Federal
Regulations, we provided notice and an
opportunity to comment on this
regulatory action. At that time, we
received no comments regarding the
proposed removal of 34 CFR part 461.
Furthermore, these regulations were
promulgated under the National
Literacy Act (Pub. L. 102–73) (NLA) in
1992, which was superseded by Title II
of the Workforce Investment Act of
1998. Therefore, there is good cause to
remove 34 CFR part 461.
The APA also generally requires that
regulations be published at least 30 days
before their effective date, unless the
agency has good cause to implement its
regulations sooner (5 U.S.C. 553(d)(3)).
For the same reasons there is good cause
to waive rulemaking under 5 U.S.C.
553(b)(B), there is good cause to make
these final regulations effective upon
publication.
jbell on DSK30RV082PROD with RULES
Regulatory Flexibility Act Certification
Pursuant to 5 U.S.C. 601(2), the
Regulatory Flexibility Act applies only
to rules for which an agency publishes
a general notice of proposed
rulemaking. The Regulatory Flexibility
Act does not apply to this rulemaking
because there is good cause to waive
notice and comment under 5 U.S.C. 553.
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6975
Paperwork Reduction Act of 1995
DEPARTMENT OF THE INTERIOR
This rule does not contain any
information collection requirements.
The previously OMB-approved
information collection (OMB Control
Number 1800–0026) associated with 34
CFR part 461 expired on 03/01/2006.
Office of the Secretary of the Interior
Accessible Format
Individuals with disabilities can
obtain this document in an accessible
format (e.g., Braille, large print,
audiotape, or compact disc) on request
to the program contact person listed
under FOR FURTHER INFORMATION
CONTACT.
Electronic Access to This Document
The official version of this document
is the document published in the
Federal Register. You may access the
official edition of the Federal Register
and the Code of Federal Regulations via
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Register by using the article search
feature at: www.federalregister.gov.
Specifically, through the advanced
search feature at this site, you can limit
your search to documents published by
the Department.
List of Subjects in 34 CFR Part 461
Adult education, Grant programs—
education, Reporting and recordkeeping
requirements, Teachers.
Dated: February 26, 2019.
Scott Stump,
Assistant Secretary for Career, Technical, and
Adult Education.
PART 461—[Removed and Reserved]
For the reasons discussed in the
preamble, and under the authority of
section 414 of the Department of
Education Organization Act, 20 U.S.C.
3474, and section 437 of the General
Education Provisions Act (20 U.S.C.
1221e–3), the Secretary of Education
amends chapter IV of title 34 of the
Code of Federal Regulations by
removing and reserving part 461.
[FR Doc. 2019–03660 Filed 2–28–19; 8:45 am]
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43 CFR Part 10
[NPS–WASO–NAGPRA–27233;
PPWOVPADU0/PPMPRLE1Y.Y00000]
RIN 1024–AE56
Civil Penalties Inflation Adjustments
Office of the Secretary, Interior.
Final rule.
AGENCY:
ACTION:
SUMMARY: This rule revises U.S.
Department of the Interior regulations
implementing the Native American
Graves Protection and Repatriation Act
to provide for annual adjustments of
civil penalties to account for inflation
under the Federal Civil Penalties
Inflation Adjustment Act Improvements
Act of 2015 and Office of Management
and Budget guidance. The purpose of
these adjustments is to maintain the
deterrent effect of civil penalties and to
further the policy goals of the
underlying statutes.
DATES: This rule is effective on March 1,
2019.
FOR FURTHER INFORMATION CONTACT:
Melanie O’Brien, Manager, National
NAGPRA Program, National Park
Service, 1849 C Street NW, Washington,
DC 20240.
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) (‘‘the Act’’). The Act
requires Federal agencies to adjust the
level of civil monetary penalties
annually for inflation no later than
January 15 of each year.
II. Calculation of Annual Adjustments
The Office of Management and Budget
(OMB) recently issued guidance to assist
Federal agencies in implementing the
annual adjustments required by the Act
which agencies must complete by
January 15, 2019. See December 14,
2018, Memorandum for the Heads of
Executive Departments and Agencies,
from Mick Mulvaney, Director, Office of
Management and Budget, re:
Implementation of Penalty Inflation
Adjustments for 2019, Pursuant to the
Federal Civil Penalties Inflation
Adjustment Act Improvements Act of
2015 (M–19–04). The guidance states
that the cost-of-living adjustment
multiplier for 2019, based on the
Consumer Price Index (CPI–U) for the
month of October 2018, not seasonally
E:\FR\FM\01MRR1.SGM
01MRR1
6976
Federal Register / Vol. 84, No. 41 / Friday, March 1, 2019 / Rules and Regulations
adjusted, is 1.02522. (The annual
inflation adjustments are based on the
percent change between the October
CPI–U preceding the date of the
adjustment, and the prior year’s October
CPI–U.) The guidance instructs agencies
to complete the 2019 annual adjustment
by multiplying each applicable penalty
by the multiplier, 1.025221, and
rounding to the nearest dollar.
Description of the penalty
43 CFR 10.12(g)(2) .................................
43 CFR 10.12(g)(3) .................................
Failure of Museum to Comply ................................
Continued Failure to Comply Per Day ...................
III. Procedural Requirements
A. Regulatory Planning and Review
(E.O. 12866 and 13563)
Executive Order 12866 provides that
the Office of Information and Regulatory
Affairs in the Office of Management and
Budget will review all significant rules.
The Office of Information and
Regulatory Affairs has determined that
this rule is not significant.
Executive Order 13563 reaffirms the
principles of E.O. 12866 while calling
for improvements in the nation’s
regulatory system to promote
predictability, to reduce uncertainty,
and to use the best, most innovative,
and least burdensome tools for
achieving regulatory ends. The
executive order directs agencies to
consider regulatory approaches that
reduce burdens and maintain flexibility
and freedom of choice for the public
where these approaches are relevant,
feasible, and consistent with regulatory
objectives. E.O. 13563 emphasizes
further that regulations must be based
on the best available science and that
the rulemaking process must allow for
public participation and an open
exchange of ideas. We have developed
VerDate Sep<11>2014
16:31 Feb 28, 2019
Jkt 247001
this rule in a manner consistent with
these requirements.
B. Reducing Regulation and Controlling
Regulatory Costs (Executive Order
13771)
This rule is not an E.O. 13771
regulatory action because this rule is not
significant under Executive Order
12866.
C. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA)
requires an agency to prepare a
regulatory flexibility analysis for rules
unless the agency certifies that the rule
will not have a significant economic
impact on a substantial number of small
entities. The RFA applies only to rules
for which an agency is required to first
publish a proposed rule. See 5 U.S.C.
603(a) and 604(a). The RFA does not
apply to this final rule because the
Office of the Secretary is not required to
publish a proposed rule for the reasons
explained below in Section III.M.
D. Small Business Regulatory
Enforcement Fairness Act
This rule is not a major rule under 5
U.S.C. 804(2), the Small Business
Regulatory Enforcement Fairness Act.
This rule:
(a) Does not have an annual effect on
the economy of $100 million or more.
(b) Will not cause a major increase in
costs or prices for consumers,
individual industries, Federal, State, or
local government agencies, or
geographic regions.
(c) Does not have significant adverse
effects on competition, employment,
investment, productivity, innovation, or
the ability of U.S.-based enterprises to
compete with foreign-based enterprises.
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violation of a criminal statute, or fees for
services, licenses, permits, or other
regulatory review. This final rule adjusts
the following civil monetary penalties
contained in the Department regulations
implementing the Native American
Graves Protection and Repatriation Act
(NAGPRA) for 2019 by multiplying
1.025221 by each penalty amount as
updated by the adjustment made in
2018:
Current
penalty
including
catch-up
adjustment
CFR citation
Consistent with the Act, the adjusted
penalty levels for 2019 will take effect
immediately upon the effective date of
the adjustment. The adjusted penalty
levels for 2019 will apply to penalties
assessed after that date including, if
consistent with agency policy,
assessments associated with violations
that occurred on or after November 2,
2015. The Act does not, however,
change previously assessed penalties
that the Department is collecting or has
collected. Nor does the Act change an
agency’s existing statutory authorities to
adjust penalties.
jbell on DSK30RV082PROD with RULES
The annual adjustment applies to all
civil monetary penalties with a dollar
amount that are subject to the Act. A
civil monetary penalty is any
assessment with a dollar amount that is
levied for a violation of a Federal civil
statute or regulation, and is assessed or
enforceable through a civil action in
Federal court or an administrative
proceeding. A civil monetary penalty
does not include a penalty levied for
$6,666
1,334
Annual
adjustment
(multiplier)
1.025221
1.025221
Adjusted
penalty
$6,834
1,368
E. Unfunded Mandates Reform Act
This rule does not impose an
unfunded mandate on State, local, or
tribal governments, or the private sector
of more than $100 million per year. The
rule does not have a significant or
unique effect on State, local, or tribal
governments or the private sector. A
statement containing the information
required by the Unfunded Mandates
Reform Act (2 U.S.C. 1531 et seq.) is not
required.
F. Takings (E.O. 12630)
This rule does not effect a taking of
private property or otherwise have
taking implications under Executive
Order 12630. A takings implication
assessment is not required.
G. Federalism (E.O. 13132)
Under the criteria in section 1 of
Executive Order 13132, this rule does
not have sufficient federalism
implications to warrant the preparation
of a federalism summary impact
statement. A federalism summary
impact statement is not required.
H. Civil Justice Reform (E.O. 12988)
This rule complies with the
requirements of E.O. 12988.
Specifically, this rule:
(a) Meets the criteria of section 3(a)
requiring that all regulations be
reviewed to eliminate errors and
ambiguity and be written to minimize
litigation; and
(b) Meets the criteria of section 3(b)(2)
requiring that all regulations be written
in clear language and contain clear legal
standards.
I. Consultation With Indian Tribes (E.O.
13175 and Departmental policy)
The Department of the Interior strives
to strengthen its government-togovernment relationship with Indian
E:\FR\FM\01MRR1.SGM
01MRR1
Federal Register / Vol. 84, No. 41 / Friday, March 1, 2019 / Rules and Regulations
tribes through a commitment to
consultation with Indian tribes and
recognition of their right to selfgovernance and tribal sovereignty. We
have evaluated this rule under the
Department’s consultation policy and
under the criteria in Executive Order
13175 and have determined that it has
no substantial direct effects on federally
recognized Indian tribes and that
consultation under the Department’s
tribal consultation policy is not
required.
K. National Environmental Policy Act
This rule does not constitute a major
Federal action significantly affecting the
quality of the human environment. A
detailed statement under the National
Environmental Policy Act of 1969
(NEPA) is not required because the rule
is covered by a categorical exclusion.
This rule is excluded from the
requirement to prepare a detailed
statement because it is a regulation of an
administrative nature. (For further
information see 43 CFR 46.210(i).) We
have also determined that the rule does
not involve any of the extraordinary
circumstances listed in 43 CFR 46.215
that would require further analysis
under NEPA.
§ 10.12
L. Effects on the Energy Supply (E.O.
13211)
This rule is not a significant energy
action under the definition in Executive
Order 13211. A Statement of Energy
Effects is not required.
47 CFR Part 36
The amendments to 47 CFR
36.3(b), published at 84 FR 4351
(February 15, 2019), are effective March
1, 2019.
FOR FURTHER INFORMATION CONTACT:
Marvin Sacks, Pricing Policy Division,
Wireline Competition Bureau, at (202)
418–2017 or via email at marvin.sacks@
fcc.gov.
SUPPLEMENTARY INFORMATION: This
document announces that, on February
22, 2019, OMB approved, via a nonsubstantive change request, an
information collection requirement
associated with amendments to 47 CFR
36.3(b) adopted in the Commission’s
Report and Order, FCC 18–182,
published at 84 FR 4351. The OMB
Control Number is 3060–0400 (Part 61,
Tariff Review Plan (TRP)). The
Commission publishes this document as
an announcement of the effective date of
the amendments to 47 CFR 36.3(b). If
you have any comments on the burden
estimates listed below, or how the
Commission can improve the
collections and reduce any burdens
caused thereby, please contact Nicole
Ongele, Federal Communications
Commission, Room 1–A620, 445 12th
Street, SW, Washington, DC 20554.
Please include the OMB Control
Number, 3060–0400, in your
correspondence. The Commission will
also accept your comments via email at
PRA@fcc.gov.
To request materials in accessible
formats for people with disabilities
(Braille, large print, electronic files,
audio format), send an email to fcc504@
fcc.gov or call the Consumer and
Governmental Affairs Bureau at (202)
418–0530 (voice), (202) 418–0432
(TTY).
[CC Docket No. 80–286; FCC 18–182]
Synopsis
J. Paperwork Reduction Act
This rule does not contain
information collection requirements,
and a submission to the Office of
Management and Budget under the
Paperwork Reduction Act (44 U.S.C.
3501 et seq.) is not required. We may
not conduct or sponsor, and you are not
required to respond to, a collection of
information unless it displays a
currently valid OMB control number.
jbell on DSK30RV082PROD with RULES
annual adjustments as a final rule
without prior notice or an opportunity
for comment and with an effective date
immediately upon publication in the
Federal Register.
6977
M. Administrative Procedure Act
The Act requires agencies to publish
annual inflation adjustments by no later
than January 15 of each year,
notwithstanding section 553 of the
Administrative Procedure Act (APA) (5
U.S.C. 553). OMB has interpreted this
direction to mean that the usual APA
public procedure for rulemaking—
which includes public notice of a
proposed rule, an opportunity for public
comment, and a delay in the effective
date of a final rule—is not required
when agencies issue regulations to
implement the annual adjustments to
civil penalties that the Act requires.
Accordingly, we are issuing the 2019
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List of Subjects in 43 CFR Part 10
Administrative practice and
procedure, Hawaiian Natives, Historic
preservation, Indians—claims,
Indians—lands, Museums, Penalties,
Public lands, Reporting and
recordkeeping requirements.
For the reasons given in the preamble,
the Office of the Secretary amends 43
CFR part 10 as follows.
PART 10—NATIVE AMERICAN
GRAVES PROTECTION AND
REPATRIATION REGULATIONS
1. The authority citation for part 10
continues to read as follows:
■
Authority: 16 U.S.C. 470dd; 25 U.S.C. 9,
3001 et seq.
[Amended]
2. In § 10.12:
i. In paragraph (g)(2), remove
‘‘$6,666’’ and add in its place ‘‘$6,834’’.
■ ii. In paragraph (g)(3), remove
‘‘$1,334’’ and add in its place ‘‘$1,368’’.
■
■
Andrea Travnicek,
Principal Deputy Assistant Secretary for Fish
and Wildlife and Parks, exercising the
authority of the Assistant Secretary for Fish
and Wildlife and Parks.
[FR Doc. 2019–03659 Filed 2–28–19; 8:45 am]
BILLING CODE 4312–52–P
FEDERAL COMMUNICATIONS
COMMISSION
Jurisdictional Separations and Referral
to the Federal-State Joint Board
Federal Communications
Commission.
ACTION: Final rule; announcement of
effective date.
AGENCY:
SUMMARY: In this document, the Federal
Communications Commission
(Commission) announces that the Office
of Management and Budget (OMB) has
approved, via a non-substantive change
request, an information collection
associated with the Commission’s
Report and Order, FCC 18–182,
published February 15, 2019. This
document is consistent with that Report
and Order, which stated that the
Commission would publish a document
in the Federal Register announcing the
effective date of the requirements.
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DATES:
As required by the Paperwork
Reduction Act of 1995 (44 U.S.C. 3507),
the FCC is notifying the public that it
received OMB approval on February 22,
2019, for the non-substantive change to
information requirements contained in
the Commission’s rules at 47 CFR
36.3(b).
Under 5 CFR part 1320, an agency
may not conduct or sponsor a collection
of information unless it displays a
current, valid OMB Control Number. No
person shall be subject to any penalty
for failing to comply with a collection
of information subject to the Paperwork
Reduction Act that does not display a
current, valid OMB Control Number.
The OMB Control Number is 3060–
0400. The foregoing notice is required
by the Paperwork Reduction Act of
1995, Public Law 104–13, October 1,
1995, and 44 U.S.C. 3507.
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Agencies
[Federal Register Volume 84, Number 41 (Friday, March 1, 2019)]
[Rules and Regulations]
[Pages 6975-6977]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-03659]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Office of the Secretary of the Interior
43 CFR Part 10
[NPS-WASO-NAGPRA-27233; PPWOVPADU0/PPMPRLE1Y.Y00000]
RIN 1024-AE56
Civil Penalties Inflation Adjustments
AGENCY: Office of the Secretary, Interior.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This rule revises U.S. Department of the Interior regulations
implementing the Native American Graves Protection and Repatriation Act
to provide for annual adjustments of civil penalties to account for
inflation under the Federal Civil Penalties Inflation Adjustment Act
Improvements Act of 2015 and Office of Management and Budget guidance.
The purpose of these adjustments is to maintain the deterrent effect of
civil penalties and to further the policy goals of the underlying
statutes.
DATES: This rule is effective on March 1, 2019.
FOR FURTHER INFORMATION CONTACT: Melanie O'Brien, Manager, National
NAGPRA Program, National Park Service, 1849 C Street NW, Washington, DC
20240.
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) (``the Act''). The Act requires Federal agencies
to adjust the level of civil monetary penalties annually for inflation
no later than January 15 of each year.
II. Calculation of Annual Adjustments
The Office of Management and Budget (OMB) recently issued guidance
to assist Federal agencies in implementing the annual adjustments
required by the Act which agencies must complete by January 15, 2019.
See December 14, 2018, Memorandum for the Heads of Executive
Departments and Agencies, from Mick Mulvaney, Director, Office of
Management and Budget, re: Implementation of Penalty Inflation
Adjustments for 2019, Pursuant to the Federal Civil Penalties Inflation
Adjustment Act Improvements Act of 2015 (M-19-04). The guidance states
that the cost-of-living adjustment multiplier for 2019, based on the
Consumer Price Index (CPI-U) for the month of October 2018, not
seasonally
[[Page 6976]]
adjusted, is 1.02522. (The annual inflation adjustments are based on
the percent change between the October CPI-U preceding the date of the
adjustment, and the prior year's October CPI-U.) The guidance instructs
agencies to complete the 2019 annual adjustment by multiplying each
applicable penalty by the multiplier, 1.025221, and rounding to the
nearest dollar.
The annual adjustment applies to all civil monetary penalties with
a dollar amount that are subject to the Act. A civil monetary penalty
is any assessment with a dollar amount that is levied for a violation
of a Federal civil statute or regulation, and is assessed or
enforceable through a civil action in Federal court or an
administrative proceeding. A civil monetary penalty does not include a
penalty levied for violation of a criminal statute, or fees for
services, licenses, permits, or other regulatory review. This final
rule adjusts the following civil monetary penalties contained in the
Department regulations implementing the Native American Graves
Protection and Repatriation Act (NAGPRA) for 2019 by multiplying
1.025221 by each penalty amount as updated by the adjustment made in
2018:
----------------------------------------------------------------------------------------------------------------
Current
penalty Annual
CFR citation Description of the penalty including adjustment Adjusted
catch-up (multiplier) penalty
adjustment
----------------------------------------------------------------------------------------------------------------
43 CFR 10.12(g)(2)................. Failure of Museum to Comply $6,666 1.025221 $6,834
43 CFR 10.12(g)(3)................. Continued Failure to Comply 1,334 1.025221 1,368
Per Day.
----------------------------------------------------------------------------------------------------------------
Consistent with the Act, the adjusted penalty levels for 2019 will
take effect immediately upon the effective date of the adjustment. The
adjusted penalty levels for 2019 will apply to penalties assessed after
that date including, if consistent with agency policy, assessments
associated with violations that occurred on or after November 2, 2015.
The Act does not, however, change previously assessed penalties that
the Department is collecting or has collected. Nor does the Act change
an agency's existing statutory authorities to adjust penalties.
III. Procedural Requirements
A. Regulatory Planning and Review (E.O. 12866 and 13563)
Executive Order 12866 provides that the Office of Information and
Regulatory Affairs in the Office of Management and Budget will review
all significant rules. The Office of Information and Regulatory Affairs
has determined that this rule is not significant.
Executive Order 13563 reaffirms the principles of E.O. 12866 while
calling for improvements in the nation's regulatory system to promote
predictability, to reduce uncertainty, and to use the best, most
innovative, and least burdensome tools for achieving regulatory ends.
The executive order directs agencies to consider regulatory approaches
that reduce burdens and maintain flexibility and freedom of choice for
the public where these approaches are relevant, feasible, and
consistent with regulatory objectives. E.O. 13563 emphasizes further
that regulations must be based on the best available science and that
the rulemaking process must allow for public participation and an open
exchange of ideas. We have developed this rule in a manner consistent
with these requirements.
B. Reducing Regulation and Controlling Regulatory Costs (Executive
Order 13771)
This rule is not an E.O. 13771 regulatory action because this rule
is not significant under Executive Order 12866.
C. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA) requires an agency to prepare
a regulatory flexibility analysis for rules unless the agency certifies
that the rule will not have a significant economic impact on a
substantial number of small entities. The RFA applies only to rules for
which an agency is required to first publish a proposed rule. See 5
U.S.C. 603(a) and 604(a). The RFA does not apply to this final rule
because the Office of the Secretary is not required to publish a
proposed rule for the reasons explained below in Section III.M.
D. Small Business Regulatory Enforcement Fairness Act
This rule is not a major rule under 5 U.S.C. 804(2), the Small
Business Regulatory Enforcement Fairness Act. This rule:
(a) Does not have an annual effect on the economy of $100 million
or more.
(b) Will not cause a major increase in costs or prices for
consumers, individual industries, Federal, State, or local government
agencies, or geographic regions.
(c) Does not have significant adverse effects on competition,
employment, investment, productivity, innovation, or the ability of
U.S.-based enterprises to compete with foreign-based enterprises.
E. Unfunded Mandates Reform Act
This rule does not impose an unfunded mandate on State, local, or
tribal governments, or the private sector of more than $100 million per
year. The rule does not have a significant or unique effect on State,
local, or tribal governments or the private sector. A statement
containing the information required by the Unfunded Mandates Reform Act
(2 U.S.C. 1531 et seq.) is not required.
F. Takings (E.O. 12630)
This rule does not effect a taking of private property or otherwise
have taking implications under Executive Order 12630. A takings
implication assessment is not required.
G. Federalism (E.O. 13132)
Under the criteria in section 1 of Executive Order 13132, this rule
does not have sufficient federalism implications to warrant the
preparation of a federalism summary impact statement. A federalism
summary impact statement is not required.
H. Civil Justice Reform (E.O. 12988)
This rule complies with the requirements of E.O. 12988.
Specifically, this rule:
(a) Meets the criteria of section 3(a) requiring that all
regulations be reviewed to eliminate errors and ambiguity and be
written to minimize litigation; and
(b) Meets the criteria of section 3(b)(2) requiring that all
regulations be written in clear language and contain clear legal
standards.
I. Consultation With Indian Tribes (E.O. 13175 and Departmental policy)
The Department of the Interior strives to strengthen its
government-to-government relationship with Indian
[[Page 6977]]
tribes through a commitment to consultation with Indian tribes and
recognition of their right to self-governance and tribal sovereignty.
We have evaluated this rule under the Department's consultation policy
and under the criteria in Executive Order 13175 and have determined
that it has no substantial direct effects on federally recognized
Indian tribes and that consultation under the Department's tribal
consultation policy is not required.
J. Paperwork Reduction Act
This rule does not contain information collection requirements, and
a submission to the Office of Management and Budget under the Paperwork
Reduction Act (44 U.S.C. 3501 et seq.) is not required. We may not
conduct or sponsor, and you are not required to respond to, a
collection of information unless it displays a currently valid OMB
control number.
K. National Environmental Policy Act
This rule does not constitute a major Federal action significantly
affecting the quality of the human environment. A detailed statement
under the National Environmental Policy Act of 1969 (NEPA) is not
required because the rule is covered by a categorical exclusion. This
rule is excluded from the requirement to prepare a detailed statement
because it is a regulation of an administrative nature. (For further
information see 43 CFR 46.210(i).) We have also determined that the
rule does not involve any of the extraordinary circumstances listed in
43 CFR 46.215 that would require further analysis under NEPA.
L. Effects on the Energy Supply (E.O. 13211)
This rule is not a significant energy action under the definition
in Executive Order 13211. A Statement of Energy Effects is not
required.
M. Administrative Procedure Act
The Act requires agencies to publish annual inflation adjustments
by no later than January 15 of each year, notwithstanding section 553
of the Administrative Procedure Act (APA) (5 U.S.C. 553). OMB has
interpreted this direction to mean that the usual APA public procedure
for rulemaking--which includes public notice of a proposed rule, an
opportunity for public comment, and a delay in the effective date of a
final rule--is not required when agencies issue regulations to
implement the annual adjustments to civil penalties that the Act
requires. Accordingly, we are issuing the 2019 annual adjustments as a
final rule without prior notice or an opportunity for comment and with
an effective date immediately upon publication in the Federal Register.
List of Subjects in 43 CFR Part 10
Administrative practice and procedure, Hawaiian Natives, Historic
preservation, Indians--claims, Indians--lands, Museums, Penalties,
Public lands, Reporting and recordkeeping requirements.
For the reasons given in the preamble, the Office of the Secretary
amends 43 CFR part 10 as follows.
PART 10--NATIVE AMERICAN GRAVES PROTECTION AND REPATRIATION
REGULATIONS
0
1. The authority citation for part 10 continues to read as follows:
Authority: 16 U.S.C. 470dd; 25 U.S.C. 9, 3001 et seq.
Sec. 10.12 [Amended]
0
2. In Sec. 10.12:
0
i. In paragraph (g)(2), remove ``$6,666'' and add in its place
``$6,834''.
0
ii. In paragraph (g)(3), remove ``$1,334'' and add in its place
``$1,368''.
Andrea Travnicek,
Principal Deputy Assistant Secretary for Fish and Wildlife and Parks,
exercising the authority of the Assistant Secretary for Fish and
Wildlife and Parks.
[FR Doc. 2019-03659 Filed 2-28-19; 8:45 am]
BILLING CODE 4312-52-P