Civil Penalties Inflation Adjustments, 8189-8190 [2020-01946]
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Federal Register / Vol. 85, No. 30 / Thursday, February 13, 2020 / Rules and Regulations
Service, 1849 C Street NW, Washington,
DC 20240.
SUPPLEMENTARY INFORMATION:
DEPARTMENT OF THE INTERIOR
Office of the Secretary of the Interior
43 CFR Part 10
[NPS–WASO–NAGPRA–29542;
PPWOVPADU0/PPMPRLE1Y.Y00000]
RIN 1024–AE60
Civil Penalties Inflation Adjustments
Office of the Secretary, Interior.
Final rule.
AGENCY:
ACTION:
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 February
13, 2020.
FOR FURTHER INFORMATION CONTACT:
Melanie O’Brien, Manager, National
NAGPRA Program, National Park
SUMMARY:
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, 2020. See December 16,
2019, Memorandum for the Heads of
Executive Departments and Agencies,
from Russel T. Vought, Acting Director,
Office of Management and Budget, re:
Implementation of Penalty Inflation
Adjustments for 2020, Pursuant to the
Federal Civil Penalties Inflation
Adjustment Act Improvements Act of
2015 (M–20–05). The guidance states
that the cost-of-living adjustment
multiplier for 2020, based on the
Consumer Price Index (CPI–U) for the
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
VerDate Sep<11>2014
17:58 Feb 12, 2020
Jkt 250001
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.
PO 00000
Frm 00059
Fmt 4700
Sfmt 4700
month of October 2019, not seasonally
adjusted, is 1.01764. (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 2020 annual adjustment
by multiplying each applicable penalty
by the multiplier, 1.01764, 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 2020 by multiplying
1.01764 by each penalty amount as
updated by the adjustment made in
2019:
Current
penalty
including
catch-up
adjustment
CFR citation
Consistent with the Act, the adjusted
penalty levels for 2020 will take effect
immediately upon the effective date of
the adjustment. The adjusted penalty
levels for 2020 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 DSKJLSW7X2PROD with RULES
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.
8189
$6,834
1,368
Annual
adjustment
(multiplier)
1.01764
1.01764
Adjusted
penalty
$6,955
1,392
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.
E:\FR\FM\13FER1.SGM
13FER1
8190
Federal Register / Vol. 85, No. 30 / Thursday, February 13, 2020 / Rules and Regulations
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.
jbell on DSKJLSW7X2PROD with RULES
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
tribes through a commitment to
consultation with Indian tribes and
VerDate Sep<11>2014
17:58 Feb 12, 2020
Jkt 250001
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.
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.
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, Indianslands, 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.
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.
Income Level for Individuals Eligible
for Assistance
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 2020
annual adjustments as a final rule
without prior notice or an opportunity
PO 00000
Frm 00060
Fmt 4700
Sfmt 4700
[Amended]
2. In § 10.12:
a. In paragraph (g)(2) introductory
text, remove ‘‘$6,834’’ and add in its
place ‘‘$6,955’’.
■ b. In paragraph (g)(3), remove
‘‘$1,368’’ and add in its place ‘‘$1,392’’.
■
■
Rob Wallace,
Assistant Secretary for Fish and Wildlife and
Parks.
[FR Doc. 2020–01946 Filed 2–12–20; 8:45 am]
BILLING CODE 4312–52–P
LEGAL SERVICES CORPORATION
45 CFR Part 1611
Legal Services Corporation.
Final rule.
AGENCY:
ACTION:
The Legal Services
Corporation (LSC) is required by law to
establish maximum income levels for
individuals eligible for legal assistance.
This document updates the specified
income levels to reflect the annual
amendments to the Federal Poverty
Guidelines issued by the U.S.
Department of Health and Human
Services (HHS).
DATES: Effective February 13, 2020.
FOR FURTHER INFORMATION CONTACT:
Stefanie K. Davis, Senior Assistant
General Counsel, Legal Services
Corporation, 3333 K St. NW,
Washington, DC 20007; (202) 295–1563;
sdavis@lsc.gov.
SUPPLEMENTARY INFORMATION: Section
1007(a)(2) of the Legal Services
Corporation Act (Act), 42 U.S.C.
SUMMARY:
E:\FR\FM\13FER1.SGM
13FER1
Agencies
[Federal Register Volume 85, Number 30 (Thursday, February 13, 2020)]
[Rules and Regulations]
[Pages 8189-8190]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-01946]
[[Page 8189]]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Office of the Secretary of the Interior
43 CFR Part 10
[NPS-WASO-NAGPRA-29542; PPWOVPADU0/PPMPRLE1Y.Y00000]
RIN 1024-AE60
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 February 13, 2020.
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, 2020.
See December 16, 2019, Memorandum for the Heads of Executive
Departments and Agencies, from Russel T. Vought, Acting Director,
Office of Management and Budget, re: Implementation of Penalty
Inflation Adjustments for 2020, Pursuant to the Federal Civil Penalties
Inflation Adjustment Act Improvements Act of 2015 (M-20-05). The
guidance states that the cost-of-living adjustment multiplier for 2020,
based on the Consumer Price Index (CPI-U) for the month of October
2019, not seasonally adjusted, is 1.01764. (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 2020 annual
adjustment by multiplying each applicable penalty by the multiplier,
1.01764, 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 2020 by multiplying
1.01764 by each penalty amount as updated by the adjustment made in
2019:
----------------------------------------------------------------------------------------------------------------
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 $6,834 1.01764 $6,955
43 CFR 10.12(g)(3)................. Continued Failure to Comply 1,368 1.01764 1,392
Per Day.
----------------------------------------------------------------------------------------------------------------
Consistent with the Act, the adjusted penalty levels for 2020 will
take effect immediately upon the effective date of the adjustment. The
adjusted penalty levels for 2020 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.
[[Page 8190]]
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 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 2020 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
a. In paragraph (g)(2) introductory text, remove ``$6,834'' and add in
its place ``$6,955''.
0
b. In paragraph (g)(3), remove ``$1,368'' and add in its place
``$1,392''.
Rob Wallace,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 2020-01946 Filed 2-12-20; 8:45 am]
BILLING CODE 4312-52-P