Civil Penalties Inflation Adjustments; Annual Adjustments, 9366-9369 [2020-02615]
Download as PDF
<![CDATA[
9366
§ 232.301
Federal Register / Vol. 85, No. 33 / Wednesday, February 19, 2020 / Rules and Regulations
EDGAR Filer Manual.
By the Commission.
Dated: January 27, 2020.
Vanessa A. Countryman,
Secretary.
[FR Doc. 2020–02083 Filed 2–18–20; 8:45 am]
BILLING CODE 8011–01–P
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
25 CFR Parts 140, 141, 211, 213, 225,
226, 227, 243, and 249
khammond on DSKJM1Z7X2PROD with RULES
[210A2100DD/AAKC001030/
A0A501010.999900253G]
RIN 1076–AF49
Civil Penalties Inflation Adjustments;
Annual Adjustments
Bureau of Indian Affairs,
Interior.
ACTION: Final rule.
AGENCY:
VerDate Sep<11>2014
16:42 Feb 18, 2020
Jkt 250001
This rule provides for annual
adjustments to the level of civil
monetary penalties contained in Bureau
of Indian Affairs (Bureau) regulations to
account for inflation under the Federal
Civil Penalties Inflation Adjustment Act
Improvements Act of 2015 and Office of
Management and Budget (OMB)
guidance.
DATES: This rule is effective on February
19, 2020.
FOR FURTHER INFORMATION CONTACT:
Elizabeth Appel, Director, Office of
Regulatory Affairs and Collaborative
Action, Office of the Assistant
Secretary—Indian Affairs; telephone
(202) 273–4680, elizabeth.appel@
bia.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Filers must prepare electronic filings
in the manner prescribed by the EDGAR
Filer Manual, promulgated by the
Commission, which sets forth the
technical formatting requirements for
electronic submissions. The
requirements for becoming an EDGAR
Filer and updating company data are set
forth in the updated EDGAR Filer
Manual, Volume I: ‘‘General
Information,’’ Version 35 (January
2020). The requirements for filing on
EDGAR are set forth in the updated
EDGAR Filer Manual, Volume II:
‘‘EDGAR Filing,’’ Version 53 (January
2020). All of these provisions have been
incorporated by reference into the Code
of Federal Regulations, which action
was approved by the Director of the
Federal Register in accordance with 5
U.S.C. 552(a) and 1 CFR part 51. You
must comply with these requirements in
order for documents to be timely
received and accepted. The EDGAR
Filer Manual is available for website
viewing and printing; the address for
the Filer Manual is https://www.sec.gov/
info/edgar/edmanuals.htm. You can
obtain paper copies of the EDGAR Filer
Manual at the following address: Public
Reference Room, U.S. Securities and
Exchange Commission, 100 F Street NE,
Washington, DC 20549, on official
business days between the hours of
10:00 a.m. and 3:00 p.m. You can also
inspect the document at the National
Archives and Records Administration
(NARA). For information on the
availability of this material at NARA,
email fedreg.legal@nara.gov, or go to:
https://www.archives.gov/federalregister/cfr/ibr-locations.html.
I. Background
II. Calculation of Annual Adjustments
III. Procedural Requirements
A. Regulatory Planning and Review (E.O.
12866 and 13563)
B. Reducing Regulation and Controlling
Regulatory Costs (E.O. 13771)
C. Regulatory Flexibility Act
D. Small Business Regulatory Enforcement
Fairness Act
E. Unfunded Mandates Reform Act
F. Takings (E.O. 12630)
G. Federalism (E.O. 13132)
H. Civil Justice Reform (E.O. 12988)
I. Consultation With Indian Tribes (E.O.
13175)
J. Paperwork Reduction Act
K. National Environmental Policy Act
L. Effects on the Energy Supply (E.O.
13211)
M. Clarity of This Regulation
N. Administrative Procedure Act
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
Public Law 114–74) (‘‘the Act’’). The
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.
The Office of Management and Budget
(OMB) issued guidance for Federal
agencies on calculating the catch-up
adjustment. See February 24, 2016,
Memorandum for the Heads of
Executive Departments and Agencies,
from Shaun Donovan, Director, Office of
Management and Budget, re:
Implementation of the Federal Civil
Penalties Inflation Adjustment Act
Improvements Act of 2015 (M–16–06).
Under the guidance, the Department
PO 00000
Frm 00004
Fmt 4700
Sfmt 4700
identified applicable civil monetary
penalties and calculated the catch-up
adjustment. 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. The
calculated catch-up adjustment is based
on the percent change between the
Consumer Price Index for all Urban
Consumers (CPI0–U) for the month of
October in the year of the previous
adjustment (or in the year of
establishment, if no adjustment has
been made) and the October 2015 CPI–
U.
The Bureau issued an interim final
rule providing for calculated catch-up
adjustments on June 30, 2016 (81 FR
42478) with an effective date of August
1, 2016, and requesting comments postpromulgation. The Bureau issued a final
rule affirming the catch-up adjustments
set forth in the interim final rule on
December 2, 2016 (81 FR 86953). The
Bureau then issued a final rule making
the next scheduled annual inflation
adjustment for 2017 on January 23, 2017
(82 FR 7649), for 2018 on February 6,
2018 (83 FR 5192), and for 2019 on
April 15, 2019 (84 FR 15098).
II. Calculation of 2020 Annual
Adjustments
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 Russell T. Vought, Acting Director,
Office of Management and Budget, re:
Implementation of the 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. For 2020, OMB explains,
October 2019 CPI–U (257.346)/October
2018 CPI–U (252.885) = 1.01764.) The
guidance instructs agencies to complete
the 2020 annual adjustment by
multiplying each applicable penalty by
E:\FR\FM\19FER1.SGM
19FER1
Federal Register / Vol. 85, No. 33 / Wednesday, February 19, 2020 / Rules and Regulations
the multiplier, 1.01764, and rounding to
the nearest dollar. Further, agencies
should apply the multiplier to the most
recent penalty amount that includes the
initial catch-up adjustment required by
the Act.
Description of penalty
25 CFR 140.3 .........
25 CFR 141.50 .......
Penalty for trading in Indian country without a license ..........................
Penalty for trading on Navajo, Hopi or Zuni reservations without a license.
Penalty for violation of leases of Tribal land for mineral development,
violation of part 211, or failure to comply with a notice of noncompliance or cessation order.
Penalty for failure of lessee to comply with lease of restricted lands of
members of the Five Civilized Tribes in Oklahoma for mining, operating regulations at part 213, or orders.
Penalty for violation of minerals agreement, regulations at part 225,
other applicable laws or regulations, or failure to comply with a notice of noncompliance or cessation order.
Penalty for violation of lease of Osage reservation lands for oil and
gas mining or regulations at part 226, or noncompliance with the
Superintendent’s order.
Penalty per day for failure to obtain permission to start operations ......
Penalty per day for failure to file records ...............................................
Penalty for each well and tank battery for failure to mark wells and
tank batteries.
Penalty each day after operations are commenced for failure to construct and maintain pits.
Penalty for failure to comply with requirements regarding valve or
other approved controlling device.
Penalty for failure to notify Superintendent before drilling, redrilling,
deepening, plugging, or abandoning any well.
Penalty per day for failure to properly care for and dispose of deleterious fluids.
Penalty per day for failure to file plugging and other required reports ..
Penalty for failure of lessee of certain lands in Wind River Indian Reservation, Wyoming, for oil and gas mining to comply with lease provisions, operating regulations, regulations at part 227, or orders.
Penalty for non-Native transferees of live Alaskan reindeer who violates part 243, takes reindeer without a permit, or fails to abide by
permit terms..
Penalty for fishing in violation of regulations at part 249 (Off-Reservation Treaty Fishing).
25 CFR 213.37 .......
25 CFR 225.37 .......
25 CFR 226.42 .......
25 CFR 226.43(a) ...
25 CFR 226.43(b) ...
25 CFR 226.43(c) ...
25 CFR 226.43(d) ...
25 CFR 226.43(e) ...
25 CFR 226.43(f) ....
25 CFR 226.43(g) ...
25 CFR 226.43(h) ...
25 CFR 227.24 .......
25 CFR 243.8 .........
25 CFR 249.6(b) .....
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 date of the Act). The Act does
not, however, change previously
assessed penalties that the Bureau 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
VerDate Sep<11>2014
16:42 Feb 18, 2020
Jkt 250001
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
PO 00000
Frm 00005
Fmt 4700
multiplying 1.01764 (i.e., the cost-ofliving adjustment multiplier for 2020)
by each penalty amount as updated by
the adjustment made in 2019:
Current
penalty
including
catchup
adjustment
CFR citation
25 CFR 211.55 .......
khammond on DSKJM1Z7X2PROD with RULES
The annual adjustment applies to all
civil monetary penalties with a dollar
amount that are subject to the Act. This
final rule adjusts the following civil
monetary penalties contained in the
Bureau’s regulations for 2020 by
Sfmt 4700
9367
Annual
adjustment
(multiplier)
Adjusted
penalty
for 2019
$1,329
1,329
1.01764
1.01764
$1,352
1,352
1,597
1.01764
1,626
1,329
1.01764
1,352
1,692
1.01764
1,721
948
1.01764
965
94
94
94
1.01764
1.01764
1.01764
96
96
96
94
1.01764
96
189
1.01764
193
379
1.01764
385
948
1.01764
965
94
1,329
1.01764
1.01764
96
1,352
6,265
1.01764
6,376
1,329
1.01764
1,352
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
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 adjustments for
inflation.
E:\FR\FM\19FER1.SGM
19FER1
9368
Federal Register / Vol. 85, No. 33 / Wednesday, February 19, 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 affect 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 Order13132, 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.
khammond on DSKJM1Z7X2PROD with RULES
H. Civil Justice Reform (E.O. 12988)
This rule complies with the
requirements of Executive Order 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
recognition of their right to self-
VerDate Sep<11>2014
16:42 Feb 18, 2020
Jkt 250001
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
PO 00000
Frm 00006
Fmt 4700
Sfmt 4700
immediately upon publication in the
Federal Register.
Section 553(b) of the Administrative
Procedure Act (APA) 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. Under section
553(b), the Bureau finds that there is
good cause to promulgate this rule
without first providing for public
comment. It would not be possible to
meet the deadlines imposed by the Act
if we were to first publish a proposed
rule, allow the public sufficient time to
submit comments, analyze the
comments, and publish a final rule.
Also, the Bureau is promulgating this
final rule to implement the statutory
directive in the Act, which requires
agencies to publish a final rule and to
update the civil penalty amounts by
applying a specified formula. The
Bureau has no discretion to vary the
amount of the adjustment to reflect any
views or suggestions provided by
commenters. Accordingly, it would
serve no purpose to provide an
opportunity for public comment on this
rule prior to promulgation. Thus,
providing for notice and public
comment is impracticable and
unnecessary.
Furthermore, the Bureau finds under
section 553(d)(3) of the APA that good
cause exists to make this final rule
effective immediately upon publication
in the Federal Register. In the Act,
Congress expressly required Federal
agencies to publish annual inflation
adjustments to civil penalties in the
Federal Register by January 15 of each
year, notwithstanding section 553 of the
APA. Under the statutory framework
and OMB guidance, the new penalty
levels take effect immediately upon the
effective date of the adjustment. The
statutory deadline does not allow time
to delay this rule’s effective date beyond
publication. Moreover, an effective date
after January 15 would delay
application of the new penalty levels,
contrary to Congress’s intent.
List of Subjects
25 CFR Part 140
Business and industry, Indians,
Penalties.
25 CFR Part 141
Business and industry, Credit,
Indians—business and finance,
Penalties.
E:\FR\FM\19FER1.SGM
19FER1
Federal Register / Vol. 85, No. 33 / Wednesday, February 19, 2020 / Rules and Regulations
25 CFR Part 211
Geothermal energy, Indians—lands,
Mineral resources, Mines, Oil and gas
exploration, Reporting and
recordkeeping requirements.
■
5. The authority citation for part 211
continues to read as follows:
PART 227—LEASING OF CERTAIN
LANDS IN WIND RIVER INDIAN
RESERVATION, WYOMING, FOR OIL
AND GAS MINING
Authority: Sec. 4, Act of May 11, 1938 (52
Stat. 347); Act of August 1, 1956 (70 Stat.
744); 25 U.S.C. 396a–g; 25 U.S.C. 2 and 9;
and Sec. 701, Pub. L. 114–74, 129 Stat. 599,
unless otherwise noted.
§ 211.55
25 CFR Part 225
Geothermal energy, Indians—lands,
Mineral resources, Mines, Oil and gas
exploration, Penalties, Reporting and
recordkeeping requirements, Surety
bonds.
[Amended]
6. In § 211.55(a), remove ‘‘$1,597’’ and
add in its place ‘‘$1,626’’.
■
12. The authority citation for part 227
continues to read as follows:
■
Authority: Sec. 1, 39 Stat. 519; and Sec.
701, Pub. L. 114–74, 129 Stat. 599, unless
otherwise noted.
§ 227.24
PART 213—LEASING OF RESTRICTED
LANDS FOR MEMBERS OF FIVE
CIVILIZED TRIBES, OKLAHOMA, FOR
MINING
■
[Amended]
13. In § 227.24, remove ‘‘$1,329’’ and
add in its place ‘‘$1,352’’.
PART 243—REINDEER IN ALASKA
25 CFR Part 226
Indians—lands.
■
7. The authority citation for part 213
continues to read as follows:
■
25 CFR Part 227
Indians—lands, Mineral resources,
Mines, Oil and gas exploration,
Reporting and recordkeeping
requirements.
Authority: Sec. 2, 35 Stat. 312; sec. 18, 41
Stat. 426; sec. 1, 45 Stat. 495; sec. 1, 47 Stat.
777; 25 U.S.C. 356; and Sec. 701, Pub. L.
114–74, 129 Stat. 599. Interpret or apply secs.
3, 11, 35 Stat. 313, 316; sec. 8, 47 Stat. 779,
unless otherwise noted.
Authority: Sec. 12, 50 Stat. 902; 25 U.S.C.
500K; and Sec. 701, Pub. L. 114–74, 129 Stat.
599.
25 CFR Part 243
Indians, Livestock.
§ 213.37
[Amended]
8. In § 213.37, remove ‘‘$1,329’’ and
add in its place ‘‘$1,352’’.
■
25 CFR Part 249
Fishing, Indians.
For the reasons given in the preamble,
the Department of the Interior amends
chapter I of title 25 Code of Federal
Regulations as follows.
14. The authority citation for part 243
continues to read as follows:
§ 243.8
[Amended]
15. In § 243.8(a) introductory text,
remove ‘‘$6,265’’ and add in its place
‘‘$6,376’’.
■
PART 249—OFF-RESERVATION
TREATY FISHING
PART 225—OIL AND GAS,
GEOTHERMAL, AND SOLID MINERALS
AGREEMENTS
■
Title 25—Indians
9. The authority citation for part 225
continues to read as follows:
Authority: 25 U.S.C. 2, and 9; 5 U.S.C.
301; and Sec. 701, Pub. L. 114–74, 129 Stat.
599, unless otherwise noted.
CHAPTER I—BUREAU OF INDIAN AFFAIRS,
DEPARTMENT OF THE INTERIOR
Authority: 25 U.S.C. 2, 9, and 2101–2108;
and Sec. 701, Pub. L. 114–74, 129 Stat. 599.
§ 249.6
§ 225.37
■
PART 140—LICENSED INDIAN
TRADERS
■
[Amended]
10. In § 225.37(a), remove ‘‘$1,692’’
and add in its place ‘‘$1,721’’.
■
1. The authority citation for part 140
continues to read as follows:
■
Authority: Sec. 5, 19 Stat. 200, sec. 1, 31
Stat. 1066 as amended; 25 U.S.C. 261, 262;
94 Stat. 544, 18 U.S.C. 437; 25 U.S.C. 2 and
9; 5 U.S.C. 301; and Sec. 701, Pub. L. 114–
74, 129 Stat. 599, unless otherwise noted.
§ 140.3
PART 226—LEASING OF OSAGE
RESERVATION LANDS FOR OIL AND
GAS MINING
9. The authority citation for part 226
continues to read as follows:
2. In § 140.3, remove ‘‘$1,329’’ and
add in its place ‘‘$1,352’’.
16. The authority citation for part 249
continues to read as follows:
[Amended]
17. In § 249.6(b), remove ‘‘$1,329’’ and
add in its place ‘‘$1,352’’.
Dated: January 23, 2020.
Tara Sweeney,
Assistant Secretary—Indian Affairs.
[FR Doc. 2020–02615 Filed 2–18–20; 8:45 am]
BILLING CODE 4337–15–P
■
Authority: Sec. 3, 34 Stat. 543; secs. 1, 2,
45 Stat. 1478; sec. 3, 52 Stat. 1034, 1035; sec.
2(a), 92 Stat. 1660; and Sec. 701, Pub. L. 114–
74, 129 Stat. 599.
[Amended]
■
Internal Revenue Service
26 CFR Part 1
PART 141—BUSINESS PRACTICES ON
THE NAVAJO, HOPI AND ZUNI
RESERVATIONS
10. In § 226.42, remove ‘‘$948’’ and
add in its place ‘‘$965’’.
RIN 1545–BO56
3. The authority citation for part 141
continues to read as follows:
§ 226.43
Base Erosion and Anti-Abuse Tax;
Correcting Amendment
Authority: 5 U.S.C. 301; 25 U.S.C. 2 and
9; and Sec. 701, Pub. L. 114–74, 129 Stat.
599, unless otherwise noted.
§ 141.50
[Amended]
4. In § 141.50, remove ‘‘$1,329’’ and
add in its place ‘‘$1,352’’.
■
VerDate Sep<11>2014
16:42 Feb 18, 2020
Jkt 250001
[Amended]
DEPARTMENT OF THE TREASURY
§ 226.42
■
khammond on DSKJM1Z7X2PROD with RULES
d. In paragraph (g), remove ‘‘$948’’
and add in its place ‘‘$965’’.
PART 211—LEASING OF TRIBAL
LANDS FOR MINERAL DEVELOPMENT
■
25 CFR Part 213
Indians—lands, Mineral resources,
Mines, Oil and gas exploration,
Reporting and recordkeeping
requirements.
9369
[TD 9885]
■
[Amended]
11. In § 226.43:
a. Remove ‘‘$94’’ each time it appears
and add in each place ‘‘$96’’ wherever
it appears in this section.
■ b. In paragraph (e), remove ‘‘$189’’
and add in its place ‘‘$193’’.
■ c. In paragraph (f), remove ‘‘$379’’ and
add in its place ‘‘$385’’.
■
■
PO 00000
Frm 00007
Fmt 4700
Sfmt 4700
Internal Revenue Service (IRS),
Treasury.
ACTION: Correcting amendments.
AGENCY:
This document contains
corrections to Treasury Decision 9885,
which was published in the Federal
SUMMARY:
E:\FR\FM\19FER1.SGM
19FER1
]]>Agencies
[Federal Register Volume 85, Number 33 (Wednesday, February 19, 2020)]
[Rules and Regulations]
[Pages 9366-9369]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-02615]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
25 CFR Parts 140, 141, 211, 213, 225, 226, 227, 243, and 249
[210A2100DD/AAKC001030/A0A501010.999900253G]
RIN 1076-AF49
Civil Penalties Inflation Adjustments; Annual Adjustments
AGENCY: Bureau of Indian Affairs, Interior.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This rule provides for annual adjustments to the level of
civil monetary penalties contained in Bureau of Indian Affairs (Bureau)
regulations to account for inflation under the Federal Civil Penalties
Inflation Adjustment Act Improvements Act of 2015 and Office of
Management and Budget (OMB) guidance.
DATES: This rule is effective on February 19, 2020.
FOR FURTHER INFORMATION CONTACT: Elizabeth Appel, Director, Office of
Regulatory Affairs and Collaborative Action, Office of the Assistant
Secretary--Indian Affairs; telephone (202) 273-4680,
[email protected].
SUPPLEMENTARY INFORMATION:
I. Background
II. Calculation of Annual Adjustments
III. Procedural Requirements
A. Regulatory Planning and Review (E.O. 12866 and 13563)
B. Reducing Regulation and Controlling Regulatory Costs (E.O.
13771)
C. Regulatory Flexibility Act
D. Small Business Regulatory Enforcement Fairness Act
E. Unfunded Mandates Reform Act
F. Takings (E.O. 12630)
G. Federalism (E.O. 13132)
H. Civil Justice Reform (E.O. 12988)
I. Consultation With Indian Tribes (E.O. 13175)
J. Paperwork Reduction Act
K. National Environmental Policy Act
L. Effects on the Energy Supply (E.O. 13211)
M. Clarity of This Regulation
N. Administrative Procedure Act
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 Public Law 114-74) (``the Act''). The 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.
The Office of Management and Budget (OMB) issued guidance for
Federal agencies on calculating the catch-up adjustment. See February
24, 2016, Memorandum for the Heads of Executive Departments and
Agencies, from Shaun Donovan, Director, Office of Management and
Budget, re: Implementation of the Federal Civil Penalties Inflation
Adjustment Act Improvements Act of 2015 (M-16-06). Under the guidance,
the Department identified applicable civil monetary penalties and
calculated the catch-up adjustment. 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. The calculated catch-up adjustment
is based on the percent change between the Consumer Price Index for all
Urban Consumers (CPI0-U) for the month of October in the year of the
previous adjustment (or in the year of establishment, if no adjustment
has been made) and the October 2015 CPI-U.
The Bureau issued an interim final rule providing for calculated
catch-up adjustments on June 30, 2016 (81 FR 42478) with an effective
date of August 1, 2016, and requesting comments post-promulgation. The
Bureau issued a final rule affirming the catch-up adjustments set forth
in the interim final rule on December 2, 2016 (81 FR 86953). The Bureau
then issued a final rule making the next scheduled annual inflation
adjustment for 2017 on January 23, 2017 (82 FR 7649), for 2018 on
February 6, 2018 (83 FR 5192), and for 2019 on April 15, 2019 (84 FR
15098).
II. Calculation of 2020 Annual Adjustments
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 Russell T.
Vought, Acting Director, Office of Management and Budget, re:
Implementation of the 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. For 2020, OMB explains, October 2019 CPI-U
(257.346)/October 2018 CPI-U (252.885) = 1.01764.) The guidance
instructs agencies to complete the 2020 annual adjustment by
multiplying each applicable penalty by
[[Page 9367]]
the multiplier, 1.01764, and rounding to the nearest dollar. Further,
agencies should apply the multiplier to the most recent penalty amount
that includes the initial catch-up adjustment required by the Act.
The annual adjustment applies to all civil monetary penalties with
a dollar amount that are subject to the Act. This final rule adjusts
the following civil monetary penalties contained in the Bureau's
regulations for 2020 by multiplying 1.01764 (i.e., the cost-of-living
adjustment multiplier for 2020) by each penalty amount as updated by
the adjustment made in 2019:
----------------------------------------------------------------------------------------------------------------
Current
penalty Annual Adjusted
CFR citation Description of penalty including adjustment penalty for
catchup (multiplier) 2019
adjustment
----------------------------------------------------------------------------------------------------------------
25 CFR 140.3..................... Penalty for trading in Indian $1,329 1.01764 $1,352
country without a license.
25 CFR 141.50.................... Penalty for trading on 1,329 1.01764 1,352
Navajo, Hopi or Zuni
reservations without a
license.
25 CFR 211.55.................... Penalty for violation of 1,597 1.01764 1,626
leases of Tribal land for
mineral development,
violation of part 211, or
failure to comply with a
notice of noncompliance or
cessation order.
25 CFR 213.37.................... Penalty for failure of lessee 1,329 1.01764 1,352
to comply with lease of
restricted lands of members
of the Five Civilized Tribes
in Oklahoma for mining,
operating regulations at
part 213, or orders.
25 CFR 225.37.................... Penalty for violation of 1,692 1.01764 1,721
minerals agreement,
regulations at part 225,
other applicable laws or
regulations, or failure to
comply with a notice of
noncompliance or cessation
order.
25 CFR 226.42.................... Penalty for violation of 948 1.01764 965
lease of Osage reservation
lands for oil and gas mining
or regulations at part 226,
or noncompliance with the
Superintendent's order.
25 CFR 226.43(a)................. Penalty per day for failure 94 1.01764 96
to obtain permission to
start operations.
25 CFR 226.43(b)................. Penalty per day for failure 94 1.01764 96
to file records.
25 CFR 226.43(c)................. Penalty for each well and 94 1.01764 96
tank battery for failure to
mark wells and tank
batteries.
25 CFR 226.43(d)................. Penalty each day after 94 1.01764 96
operations are commenced for
failure to construct and
maintain pits.
25 CFR 226.43(e)................. Penalty for failure to comply 189 1.01764 193
with requirements regarding
valve or other approved
controlling device.
25 CFR 226.43(f)................. Penalty for failure to notify 379 1.01764 385
Superintendent before
drilling, redrilling,
deepening, plugging, or
abandoning any well.
25 CFR 226.43(g)................. Penalty per day for failure 948 1.01764 965
to properly care for and
dispose of deleterious
fluids.
25 CFR 226.43(h)................. Penalty per day for failure 94 1.01764 96
to file plugging and other
required reports.
25 CFR 227.24.................... Penalty for failure of lessee 1,329 1.01764 1,352
of certain lands in Wind
River Indian Reservation,
Wyoming, for oil and gas
mining to comply with lease
provisions, operating
regulations, regulations at
part 227, or orders.
25 CFR 243.8..................... Penalty for non-Native 6,265 1.01764 6,376
transferees of live Alaskan
reindeer who violates part
243, takes reindeer without
a permit, or fails to abide
by permit terms..
25 CFR 249.6(b).................. Penalty for fishing in 1,329 1.01764 1,352
violation of regulations at
part 249 (Off-Reservation
Treaty Fishing).
----------------------------------------------------------------------------------------------------------------
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 date of the Act). The Act does not, however, change previously
assessed penalties that the Bureau 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
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 adjustments for
inflation.
[[Page 9368]]
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 affect 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 Order13132, 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 Executive Order 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 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.
Section 553(b) of the Administrative Procedure Act (APA) 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. Under section 553(b), the
Bureau finds that there is good cause to promulgate this rule without
first providing for public comment. It would not be possible to meet
the deadlines imposed by the Act if we were to first publish a proposed
rule, allow the public sufficient time to submit comments, analyze the
comments, and publish a final rule. Also, the Bureau is promulgating
this final rule to implement the statutory directive in the Act, which
requires agencies to publish a final rule and to update the civil
penalty amounts by applying a specified formula. The Bureau has no
discretion to vary the amount of the adjustment to reflect any views or
suggestions provided by commenters. Accordingly, it would serve no
purpose to provide an opportunity for public comment on this rule prior
to promulgation. Thus, providing for notice and public comment is
impracticable and unnecessary.
Furthermore, the Bureau finds under section 553(d)(3) of the APA
that good cause exists to make this final rule effective immediately
upon publication in the Federal Register. In the Act, Congress
expressly required Federal agencies to publish annual inflation
adjustments to civil penalties in the Federal Register by January 15 of
each year, notwithstanding section 553 of the APA. Under the statutory
framework and OMB guidance, the new penalty levels take effect
immediately upon the effective date of the adjustment. The statutory
deadline does not allow time to delay this rule's effective date beyond
publication. Moreover, an effective date after January 15 would delay
application of the new penalty levels, contrary to Congress's intent.
List of Subjects
25 CFR Part 140
Business and industry, Indians, Penalties.
25 CFR Part 141
Business and industry, Credit, Indians--business and finance,
Penalties.
[[Page 9369]]
25 CFR Part 211
Geothermal energy, Indians--lands, Mineral resources, Mines, Oil
and gas exploration, Reporting and recordkeeping requirements.
25 CFR Part 213
Indians--lands, Mineral resources, Mines, Oil and gas exploration,
Reporting and recordkeeping requirements.
25 CFR Part 225
Geothermal energy, Indians--lands, Mineral resources, Mines, Oil
and gas exploration, Penalties, Reporting and recordkeeping
requirements, Surety bonds.
25 CFR Part 226
Indians--lands.
25 CFR Part 227
Indians--lands, Mineral resources, Mines, Oil and gas exploration,
Reporting and recordkeeping requirements.
25 CFR Part 243
Indians, Livestock.
25 CFR Part 249
Fishing, Indians.
For the reasons given in the preamble, the Department of the
Interior amends chapter I of title 25 Code of Federal Regulations as
follows.
Title 25--Indians
CHAPTER I--BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR
PART 140--LICENSED INDIAN TRADERS
0
1. The authority citation for part 140 continues to read as follows:
Authority: Sec. 5, 19 Stat. 200, sec. 1, 31 Stat. 1066 as
amended; 25 U.S.C. 261, 262; 94 Stat. 544, 18 U.S.C. 437; 25 U.S.C.
2 and 9; 5 U.S.C. 301; and Sec. 701, Pub. L. 114-74, 129 Stat. 599,
unless otherwise noted.
Sec. 140.3 [Amended]
0
2. In Sec. 140.3, remove ``$1,329'' and add in its place ``$1,352''.
PART 141--BUSINESS PRACTICES ON THE NAVAJO, HOPI AND ZUNI
RESERVATIONS
0
3. The authority citation for part 141 continues to read as follows:
Authority: 5 U.S.C. 301; 25 U.S.C. 2 and 9; and Sec. 701, Pub.
L. 114-74, 129 Stat. 599, unless otherwise noted.
Sec. 141.50 [Amended]
0
4. In Sec. 141.50, remove ``$1,329'' and add in its place ``$1,352''.
PART 211--LEASING OF TRIBAL LANDS FOR MINERAL DEVELOPMENT
0
5. The authority citation for part 211 continues to read as follows:
Authority: Sec. 4, Act of May 11, 1938 (52 Stat. 347); Act of
August 1, 1956 (70 Stat. 744); 25 U.S.C. 396a-g; 25 U.S.C. 2 and 9;
and Sec. 701, Pub. L. 114-74, 129 Stat. 599, unless otherwise noted.
Sec. 211.55 [Amended]
0
6. In Sec. 211.55(a), remove ``$1,597'' and add in its place
``$1,626''.
PART 213--LEASING OF RESTRICTED LANDS FOR MEMBERS OF FIVE CIVILIZED
TRIBES, OKLAHOMA, FOR MINING
0
7. The authority citation for part 213 continues to read as follows:
Authority: Sec. 2, 35 Stat. 312; sec. 18, 41 Stat. 426; sec. 1,
45 Stat. 495; sec. 1, 47 Stat. 777; 25 U.S.C. 356; and Sec. 701,
Pub. L. 114-74, 129 Stat. 599. Interpret or apply secs. 3, 11, 35
Stat. 313, 316; sec. 8, 47 Stat. 779, unless otherwise noted.
Sec. 213.37 [Amended]
0
8. In Sec. 213.37, remove ``$1,329'' and add in its place ``$1,352''.
PART 225--OIL AND GAS, GEOTHERMAL, AND SOLID MINERALS AGREEMENTS
0
9. The authority citation for part 225 continues to read as follows:
Authority: 25 U.S.C. 2, 9, and 2101-2108; and Sec. 701, Pub. L.
114-74, 129 Stat. 599.
Sec. 225.37 [Amended]
0
10. In Sec. 225.37(a), remove ``$1,692'' and add in its place
``$1,721''.
PART 226--LEASING OF OSAGE RESERVATION LANDS FOR OIL AND GAS MINING
0
9. The authority citation for part 226 continues to read as follows:
Authority: Sec. 3, 34 Stat. 543; secs. 1, 2, 45 Stat. 1478;
sec. 3, 52 Stat. 1034, 1035; sec. 2(a), 92 Stat. 1660; and Sec. 701,
Pub. L. 114-74, 129 Stat. 599.
Sec. 226.42 [Amended]
0
10. In Sec. 226.42, remove ``$948'' and add in its place ``$965''.
Sec. 226.43 [Amended]
0
11. In Sec. 226.43:
0
a. Remove ``$94'' each time it appears and add in each place ``$96''
wherever it appears in this section.
0
b. In paragraph (e), remove ``$189'' and add in its place ``$193''.
0
c. In paragraph (f), remove ``$379'' and add in its place ``$385''.
0
d. In paragraph (g), remove ``$948'' and add in its place ``$965''.
PART 227--LEASING OF CERTAIN LANDS IN WIND RIVER INDIAN
RESERVATION, WYOMING, FOR OIL AND GAS MINING
0
12. The authority citation for part 227 continues to read as follows:
Authority: Sec. 1, 39 Stat. 519; and Sec. 701, Pub. L. 114-74,
129 Stat. 599, unless otherwise noted.
Sec. 227.24 [Amended]
0
13. In Sec. 227.24, remove ``$1,329'' and add in its place ``$1,352''.
PART 243--REINDEER IN ALASKA
0
14. The authority citation for part 243 continues to read as follows:
Authority: Sec. 12, 50 Stat. 902; 25 U.S.C. 500K; and Sec. 701,
Pub. L. 114-74, 129 Stat. 599.
Sec. 243.8 [Amended]
0
15. In Sec. 243.8(a) introductory text, remove ``$6,265'' and add in
its place ``$6,376''.
PART 249--OFF-RESERVATION TREATY FISHING
0
16. The authority citation for part 249 continues to read as follows:
Authority: 25 U.S.C. 2, and 9; 5 U.S.C. 301; and Sec. 701, Pub.
L. 114-74, 129 Stat. 599, unless otherwise noted.
Sec. 249.6 [Amended]
0
17. In Sec. 249.6(b), remove ``$1,329'' and add in its place
``$1,352''.
Dated: January 23, 2020.
Tara Sweeney,
Assistant Secretary--Indian Affairs.
[FR Doc. 2020-02615 Filed 2-18-20; 8:45 am]
BILLING CODE 4337-15-P
