Civil Penalties; 2020 Inflation Adjustments for Civil Monetary Penalties, 10310-10312 [2020-03232]

Download as PDF 10310 Federal Register / Vol. 85, No. 36 / Monday, February 24, 2020 / Rules and Regulations above, and is reasonably available at FMCSA and through the CVSA website. L. Environment (NEPA) FMCSA analyzed this rule consistent with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and determined this action is categorically excluded from further analysis and documentation in an environmental assessment or environmental impact statement under FMCSA Order 5610.1 (69 FR 9680, March 1, 2004), Appendix 2, paragraphs (6)(b) and (6)(t)(2). The Categorical Exclusion (CE) in paragraph (6)(b) covers regulations which are editorial or procedural, including technical or other minor amendments to existing FMCSA regulations, while the CE in paragraph (6)(t)(2) includes regulations to ensure that the States comply with the provisions of the Commercial Motor Vehicle Safety Act of 1986. The content in this rule is covered by these CEs, there are no extraordinary circumstances present, and the final action does not have any effect on the quality of the environment. M. E.O. 13783 (Promoting Energy Independence and Economic Growth) E.O. 13783 directs executive departments and agencies to review existing regulations that potentially burden the development or use of domestically produced energy resources, and to appropriately suspend, revise, or rescind those that unduly burden the development of domestic energy resources. In accordance with E.O. 13783, DOT prepared and submitted a report to the Director of OMB that provides specific recommendations that, to the extent permitted by law, could alleviate or eliminate aspects of agency action that burden domestic energy production. This rule has not been identified by DOT under E.O. 13783 as potentially alleviating unnecessary burdens on domestic energy production. lotter on DSKBCFDHB2PROD with RULES Administrative practice and procedure, Highway safety, Incorporation by reference, Mexico, Motor carriers, Motor vehicle safety, Reporting and recordkeeping requirements. In consideration of the foregoing, FMCSA amends 49 CFR part 385 as set forth below: 1. The authority citation for part 385 is revised to read as follows: ■ VerDate Sep<11>2014 16:25 Feb 21, 2020 Jkt 250001 2. Amend § 385.4: a. In paragraph (a), by removing the words ‘‘call (202) 741–6030’’ and adding in their place ‘‘email fedreg.legal@ nara.gov’’; and ■ b. By revising paragraph (b)(1). The revision reads as follows: ■ ■ § 385.4 Matter incorporated by reference. * * * * * (b) * * * (1) ‘‘North American Standard Out-ofService Criteria and Level VI Inspection Procedures and Out-of-Service Criteria for Commercial Highway Vehicles Transporting Transuranics and Highway Route Controlled Quantities of Radioactive Materials as defined in 49 CFR part 173.403,’’ April 1, 2019, incorporation by reference approved for § 385.415(b). * * * * * Issued under authority delegated in 49 CFR 1.87. Dated: February 11, 2020. Jim Mullen, Acting Administrator. [FR Doc. 2020–03129 Filed 2–21–20; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF THE INTERIOR Fish and Wildlife Service 50 CFR Part 11 [Docket No. FWS–HQ–LE–2019–0114; FF09L00200–FX–LE12200900000] RIN 1018–BE45 Civil Penalties; 2020 Inflation Adjustments for Civil Monetary Penalties Fish and Wildlife Service, Interior. ACTION: Final rule. AGENCY: List of Subjects in 49 CFR Part 385 PART 385—SAFETY FITNESS PROCEDURES Authority: 49 U.S.C. 113, 504, 521(b), 5105(d), 5109, 5113 13901–13905, 13908, 31135, 31136, 31144, 31148, and 31502; Sec. 113(a), Pub. L. 103–311; Sec. 408, Pub. L. 104–88, 109 Stat. 803, 958; Sec. 350 of Pub. L. 107–87, 115 Stat. 833, 864; and 49 CFR 1.87. The U.S. Fish and Wildlife Service (Service or we) is issuing this final rule, in accordance with the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (Inflation Adjustment Act) and Office of Management and Budget (OMB) guidance, to adjust for inflation the statutory civil monetary penalties that may be assessed for violations of Service-administered statutes and their implementing regulations. We are required to adjust civil monetary SUMMARY: PO 00000 Frm 00042 Fmt 4700 Sfmt 4700 penalties annually for inflation according to a formula specified in the Inflation Adjustment Act. This rule replaces the previously issued amounts with the updated amounts after using the 2020 inflation adjustment multiplier provided in the OMB guidance. DATES: This rule is effective February 24, 2020. ADDRESSES: This rule may be found on the internet at http:// www.regulations.gov in Docket No. FWS–HQ–LE–2019–0114. FOR FURTHER INFORMATION CONTACT: Dan Coil, Special Agent in Charge, Branch of Investigations, U.S. Fish and Wildlife Service, Office of Law Enforcement, (703) 358–1949. SUPPLEMENTARY INFORMATION: Background The regulations in title 50 of the Code of Federal Regulations at 50 CFR part 11 provide uniform rules and procedures for the assessment of civil penalties resulting from violations of certain laws and regulations enforced by the Service. The Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (sec. 701 of Pub. L. 114–74) (Inflation Adjustment Act) requires Federal agencies to adjust the level of civil monetary penalties with an initial ‘‘catch up’’ adjustment through rulemaking and then make subsequent annual adjustments for inflation. The purpose of these adjustments is to maintain the deterrent effect of civil penalties and to further the policy goals of the underlying statutes. Under section 4 of the Federal Civil Penalties Inflation Adjustment Act of 1990, 28 U.S.C. 2461 note, as amended by the Inflation Adjustment Act, each Federal agency is required to issue regulations adjusting for inflation the statutory civil monetary penalties (civil penalties) that can be imposed under the laws administered by that agency. The Inflation Adjustment Act provided that the initial ‘‘catch up adjustment’’ take effect no later than August 1, 2016, followed by subsequent adjustments to be made no later than January 15 every year thereafter. This final rule adjusts the civil penalty amounts that may be imposed pursuant to each statutory provision beginning on the date specified above in DATES. On June 28, 2016, the Service published in the Federal Register an interim rule that revised 50 CFR part 11 (81 FR 41862) to carry out the Inflation Adjustment Act. The Service subsequently published a final rule to that interim rule on December 23, 2016 (81 FR 94274). The Service published final rules in 2017 and 2018 further E:\FR\FM\24FER1.SGM 24FER1 Federal Register / Vol. 85, No. 36 / Monday, February 24, 2020 / Rules and Regulations adjusting the civil penalty amounts in 50 CFR 11.33 per OMB guidance. Most recently, we published a final rule on April 16, 2019, updating the civil penalty amounts with the 2019 inflation multiplier (84 FR 15525). This final rule adjusts the civil monetary penalty amounts that were listed in the 2019 final rule and subsequently codified at 50 CFR 11.33 by using the 2020 inflation multiplier provided to all Federal agencies by OMB (see below). OMB issued a memorandum, M–20– 05, entitled ‘‘Implementation of Penalty Inflation Adjustments for 2020, Pursuant to the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015,’’ which provides the costof-living adjustment multiplier for 2020: 1.01764. Therefore, we multiplied each penalty in the table in 50 CFR 11.33 by 1.01764 to obtain the 2020 annual adjustment. The new amounts are reflected in the table in the rule portion of this document and replace the current amounts in 50 CFR 11.33. Required Determinations Executive Order 13771, Reducing Regulation and Controlling Regulatory Costs lotter on DSKBCFDHB2PROD with RULES This rule is not an Executive Order 13771 regulatory action because this rule is not significant under Executive Order 12866. In addition, in this final rule, we affirm the required determinations we made in the June 28, 2016, interim rule (81 FR 41862); for descriptions of our actions to ensure compliance with the following statutes and Executive Orders, see that rule: • National Environmental Policy Act (42 U.S.C. 4321 et seq.); • Regulatory Flexibility Act (5 U.S.C. 601 et seq.); • Small Business Regulatory Enforcement Fairness Act (5 U.S.C. 804(2)); • Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.); • Unfunded Mandates Reform Act (2 U.S.C. 1501 et seq.); • Executive Orders 12630, 12866, 12988, 13132, 13175, 13211, and 13563. Administrative Procedure Act As stated above, under section 4 of the Federal Civil Penalties Inflation Adjustment Act of 1990, 28 U.S.C. 2461 note, as amended by the Inflation Adjustment Act, Public Law 114–74, 129 Stat. 584 (2015), each Federal agency is required to issue regulations adjusting for inflation the statutory civil monetary penalties that can be imposed under the laws administered by that agency. The Inflation Adjustment Act provided for an initial ‘‘catch up adjustment’’ to take effect no later than August 1, 2016, followed by subsequent adjustments to be made no later than January 15 every year thereafter. This final rule adjusts the civil penalty amounts that may be imposed pursuant to each statutory provision beginning on the effective date of this rule. To comply with the Inflation Adjustment Act, we are issuing these regulations as a final rule. Section 553(b) of the Administrative Procedure Act (5 U.S.C. 551 et seq.) provides that, when an agency for good cause finds that notice and public procedure are impracticable, unnecessary, or contrary to the public interest, the agency may issue a rule without providing notice and an opportunity for prior public comment. The Service finds that providing for public comment before issuing this rule is unnecessary as this rulemaking is a nondiscretionary action. The Service is 10311 required to publish this rule in order to update the civil penalty amounts by the specified formula described above. The Service has no discretion to vary the amount of the adjustment to reflect any views or suggestions provided by commenters. Since this update to the April 16, 2019, final rule (84 FR 15525) is merely ministerial, we find that prepublication notice and public comment with respect to the revisions set forth in this rule is unnecessary. We also believe that we have good cause under 5 U.S.C. 553(d) to make this rule effective upon publication to meet the statutory deadline imposed by the Inflation Adjustment Act. List of Subjects in 50 CFR Part 11 Administrative practice and procedure, Exports, Fish, Imports, Penalties, Plants, Transportation, Wildlife. Regulation Promulgation For the reasons described above, we amend part 11, subchapter B of chapter I, title 50 of the Code of Federal Regulations as set forth below. PART 11—CIVIL PROCEDURES 1. The authority citation for part 11 continues to read as follows: ■ Authority: 16 U.S.C. 470aa–470mm, 470aaa–470aaa-11, 668–668d, 1361–1384, 1401–1407, 1531–1544, 3371–3378, 4201– 4245, 4901–4916, 5201–5207, 5301–5306; 18 U.S.C. 42–43; 25 U.S.C. 3001–3013; and Sec. 107, Pub. L. 114–74, 129 Stat. 599, unless otherwise noted. 2. In § 11.33, revise the table to read as follows: ■ § 11.33 * Adjustments to penalties. * * * * Maximum civil monetary penalty Law Citation Type of violation (a) African Elephant Conservation Act .. (b) Bald and Golden Eagle Protection Act. (c) Endangered Species Act of 1973 ..... 16 U.S.C. 4224(b) ................................. 16 U.S.C. 668(b) ................................... Any violation .......................................... Any violation .......................................... $10,705 13,525 16 U.S.C. 1540(a)(1) ............................. (d) Lacey Act Amendments of 1981 ...... 16 U.S.C. 3373(a) ................................. (1) Knowing violation of section 1538 ... (2) Other knowing violation ................... (3) Any other violation ........................... (1) Violations referred to in 16 U.S.C. 3373(a)(1). (2) Violations referred to in 16 U.S.C. 3373(a)(2). Any violation .......................................... 53,524 25,691 1,352 27,051 (e) Marine Mammal Protection Act of 1972. (f) Recreational Hunting Safety Act of 1994. 16 U.S.C. 1375 ..................................... (g) Rhinoceros and Tiger Conservation Act of 1998. 16 U.S.C. 5305a(b)(2) ........................... VerDate Sep<11>2014 16:25 Feb 21, 2020 Jkt 250001 16 U.S.C. 5202(b) ................................. PO 00000 Frm 00043 Fmt 4700 Sfmt 4700 (1) Violation involving use of force or violence or threatened use of force or violence. (2) Any other violation ........................... Any violation .......................................... E:\FR\FM\24FER1.SGM 24FER1 676 27,051 17,213 8,606 18,830 10312 Federal Register / Vol. 85, No. 36 / Monday, February 24, 2020 / Rules and Regulations Law Citation Type of violation (h) Wild Bird Conservation Act .............. 16 U.S.C. 4912(a)(1) ............................. (1) Violation of section 4910(a)(1), section 4910(a)(2), or any permit issued under section 4911. (2) Violation of section 4910(a)(3) ........ (3) Any other violation ........................... Dated: January 21, 2020. Rob Wallace, Assistant Secretary for Fish and Wildlife and Parks. [FR Doc. 2020–03232 Filed 2–21–20; 8:45 am] BILLING CODE 4333–15–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 218 [Docket No. 200212–0055] RIN 0648–BH28 Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to U.S. Navy Construction Activities at Naval Weapons Station Seal Beach, California National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Final rule. AGENCY: NMFS, upon request of the U.S. Navy (Navy), hereby issues regulations to govern the unintentional taking of marine mammals incidental to conducting construction activities related to development of a new ammunition pier at Seal Beach, California, over the course of five years. These regulations, which allow for the issuance of Letters of Authorization (LOA) for the incidental take of marine mammals during the described activities and specified timeframes, prescribe the permissible methods of taking and other means of effecting the least practicable adverse impact on marine mammal species or stocks and their habitat, as well as requirements pertaining to the monitoring and reporting of such taking. DATES: Effective from March 25, 2020, through March 25, 2025. ADDRESSES: A copy of the Navy’s application and supporting documents, as well as a list of the references cited in this document, may be obtained online at: www.fisheries.noaa.gov/ action/incidental-take-authorization-usnavy-construction-ammunition-pierand-turning-basin-naval. In case of lotter on DSKBCFDHB2PROD with RULES SUMMARY: VerDate Sep<11>2014 16:25 Feb 21, 2020 Jkt 250001 problems accessing these documents, please call the contact listed below. FOR FURTHER INFORMATION CONTACT: Ben Laws, Office of Protected Resources, NMFS, (301) 427–8401. SUPPLEMENTARY INFORMATION: Purpose and Need for Regulatory Action We received an application from the Navy requesting five-year regulations and authorization to take multiple species of marine mammals. This rule establishes a framework under the authority of the MMPA (16 U.S.C. 1361 et seq.) to allow for the authorization of take by Level B harassment of marine mammals incidental to the Navy’s construction activities related to development of a new ammunition pier at Seal Beach, California, including impact and vibratory pile driving. Please see ‘‘Background’’ below for definitions of harassment. Legal Authority for the Proposed Action Section 101(a)(5)(A) of the MMPA (16 U.S.C. 1371(a)(5)(A)) directs the Secretary of Commerce to allow, upon request, the incidental, but not intentional taking of small numbers of marine mammals by U.S. citizens who engage in a specified activity (other than commercial fishing) within a specified geographical region for up to five years if, after notice and public comment, the agency makes certain findings and issues regulations that set forth permissible methods of taking pursuant to that activity and other means of effecting the ‘‘least practicable adverse impact’’ on the affected species or stocks and their habitat (see the discussion below in the ‘‘Mitigation’’ section), as well as monitoring and reporting requirements. Section 101(a)(5)(A) of the MMPA and the implementing regulations at 50 CFR part 216, subpart I provide the legal basis for issuing this final rule containing fiveyear regulations, and for any subsequent LOAs. As directed by this legal authority, this rule contains mitigation, monitoring, and reporting requirements. Summary of Major Provisions Within the Final Rule Following is a summary of the major provisions of this rule regarding Navy PO 00000 Frm 00044 Fmt 4700 Sfmt 4700 Maximum civil monetary penalty 45,371 21,777 908 construction activities. These measures include: • Required monitoring of the construction areas to detect the presence of marine mammals before beginning construction activities; • Shutdown of construction activities under certain circumstances to avoid injury of marine mammals; and • Soft start for impact pile driving to allow marine mammals the opportunity to leave the area prior to beginning impact pile driving at full power. Background The MMPA prohibits the ‘‘take’’ of marine mammals, with certain exceptions. Sections 101(a)(5)(A) and (D) of the MMPA (16 U.S.C. 1361 et seq.) direct the Secretary of Commerce (as delegated to NMFS) to allow, upon request, the incidental, but not intentional, taking of small numbers of marine mammals by U.S. citizens who engage in a specified activity (other than commercial fishing) within a specified geographical region if certain findings are made and either regulations are issued or, if the taking is limited to harassment, a notice of a proposed incidental take authorization may be provided to the public for review. Authorization for incidental takings shall be granted if NMFS finds that the taking will have a negligible impact on the species or stock(s) and will not have an unmitigable adverse impact on the availability of the species or stock(s) for taking for subsistence uses (where relevant). Further, NMFS must prescribe the permissible methods of taking and other ‘‘means of effecting the least practicable adverse impact’’ on the affected species or stocks and their habitat, paying particular attention to rookeries, mating grounds, and areas of similar significance, and on the availability of the species or stocks for taking for certain subsistence uses (referred to as ‘‘mitigation’’); and requirements pertaining to the mitigation, monitoring and reporting of the takings are set forth. The definitions of all applicable MMPA statutory terms cited above are included in the relevant sections below. E:\FR\FM\24FER1.SGM 24FER1

Agencies

[Federal Register Volume 85, Number 36 (Monday, February 24, 2020)]
[Rules and Regulations]
[Pages 10310-10312]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-03232]


=======================================================================
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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 11

[Docket No. FWS-HQ-LE-2019-0114; FF09L00200-FX-LE12200900000]
RIN 1018-BE45


Civil Penalties; 2020 Inflation Adjustments for Civil Monetary 
Penalties

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The U.S. Fish and Wildlife Service (Service or we) is issuing 
this final rule, in accordance with the Federal Civil Penalties 
Inflation Adjustment Act Improvements Act of 2015 (Inflation Adjustment 
Act) and Office of Management and Budget (OMB) guidance, to adjust for 
inflation the statutory civil monetary penalties that may be assessed 
for violations of Service-administered statutes and their implementing 
regulations. We are required to adjust civil monetary penalties 
annually for inflation according to a formula specified in the 
Inflation Adjustment Act. This rule replaces the previously issued 
amounts with the updated amounts after using the 2020 inflation 
adjustment multiplier provided in the OMB guidance.

DATES: This rule is effective February 24, 2020.

ADDRESSES: This rule may be found on the internet at http://www.regulations.gov in Docket No. FWS-HQ-LE-2019-0114.

FOR FURTHER INFORMATION CONTACT: Dan Coil, Special Agent in Charge, 
Branch of Investigations, U.S. Fish and Wildlife Service, Office of Law 
Enforcement, (703) 358-1949.

SUPPLEMENTARY INFORMATION: 

Background

    The regulations in title 50 of the Code of Federal Regulations at 
50 CFR part 11 provide uniform rules and procedures for the assessment 
of civil penalties resulting from violations of certain laws and 
regulations enforced by the Service.
    The Federal Civil Penalties Inflation Adjustment Act Improvements 
Act of 2015 (sec. 701 of Pub. L. 114-74) (Inflation Adjustment Act) 
requires Federal agencies to adjust the level of civil monetary 
penalties with an initial ``catch up'' adjustment through rulemaking 
and then make subsequent annual adjustments for inflation. The purpose 
of these adjustments is to maintain the deterrent effect of civil 
penalties and to further the policy goals of the underlying statutes.
    Under section 4 of the Federal Civil Penalties Inflation Adjustment 
Act of 1990, 28 U.S.C. 2461 note, as amended by the Inflation 
Adjustment Act, each Federal agency is required to issue regulations 
adjusting for inflation the statutory civil monetary penalties (civil 
penalties) that can be imposed under the laws administered by that 
agency. The Inflation Adjustment Act provided that the initial ``catch 
up adjustment'' take effect no later than August 1, 2016, followed by 
subsequent adjustments to be made no later than January 15 every year 
thereafter. This final rule adjusts the civil penalty amounts that may 
be imposed pursuant to each statutory provision beginning on the date 
specified above in DATES.
    On June 28, 2016, the Service published in the Federal Register an 
interim rule that revised 50 CFR part 11 (81 FR 41862) to carry out the 
Inflation Adjustment Act. The Service subsequently published a final 
rule to that interim rule on December 23, 2016 (81 FR 94274). The 
Service published final rules in 2017 and 2018 further

[[Page 10311]]

adjusting the civil penalty amounts in 50 CFR 11.33 per OMB guidance. 
Most recently, we published a final rule on April 16, 2019, updating 
the civil penalty amounts with the 2019 inflation multiplier (84 FR 
15525). This final rule adjusts the civil monetary penalty amounts that 
were listed in the 2019 final rule and subsequently codified at 50 CFR 
11.33 by using the 2020 inflation multiplier provided to all Federal 
agencies by OMB (see below).
    OMB issued a memorandum, M-20-05, entitled ``Implementation of 
Penalty Inflation Adjustments for 2020, Pursuant to the Federal Civil 
Penalties Inflation Adjustment Act Improvements Act of 2015,'' which 
provides the cost-of-living adjustment multiplier for 2020: 1.01764. 
Therefore, we multiplied each penalty in the table in 50 CFR 11.33 by 
1.01764 to obtain the 2020 annual adjustment. The new amounts are 
reflected in the table in the rule portion of this document and replace 
the current amounts in 50 CFR 11.33.

Required Determinations

Executive Order 13771, Reducing Regulation and Controlling Regulatory 
Costs

    This rule is not an Executive Order 13771 regulatory action because 
this rule is not significant under Executive Order 12866.
    In addition, in this final rule, we affirm the required 
determinations we made in the June 28, 2016, interim rule (81 FR 
41862); for descriptions of our actions to ensure compliance with the 
following statutes and Executive Orders, see that rule:
     National Environmental Policy Act (42 U.S.C. 4321 et 
seq.);
     Regulatory Flexibility Act (5 U.S.C. 601 et seq.);
     Small Business Regulatory Enforcement Fairness Act (5 
U.S.C. 804(2));
     Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.);
     Unfunded Mandates Reform Act (2 U.S.C. 1501 et seq.);
     Executive Orders 12630, 12866, 12988, 13132, 13175, 13211, 
and 13563.

Administrative Procedure Act

    As stated above, under section 4 of the Federal Civil Penalties 
Inflation Adjustment Act of 1990, 28 U.S.C. 2461 note, as amended by 
the Inflation Adjustment Act, Public Law 114-74, 129 Stat. 584 (2015), 
each Federal agency is required to issue regulations adjusting for 
inflation the statutory civil monetary penalties that can be imposed 
under the laws administered by that agency. The Inflation Adjustment 
Act provided for an initial ``catch up adjustment'' to take effect no 
later than August 1, 2016, followed by subsequent adjustments to be 
made no later than January 15 every year thereafter. This final rule 
adjusts the civil penalty amounts that may be imposed pursuant to each 
statutory provision beginning on the effective date of this rule. To 
comply with the Inflation Adjustment Act, we are issuing these 
regulations as a final rule.
    Section 553(b) of the Administrative Procedure Act (5 U.S.C. 551 et 
seq.) provides that, when an agency for good cause finds that notice 
and public procedure are impracticable, unnecessary, or contrary to the 
public interest, the agency may issue a rule without providing notice 
and an opportunity for prior public comment. The Service finds that 
providing for public comment before issuing this rule is unnecessary as 
this rulemaking is a nondiscretionary action. The Service is required 
to publish this rule in order to update the civil penalty amounts by 
the specified formula described above. The Service has no discretion to 
vary the amount of the adjustment to reflect any views or suggestions 
provided by commenters. Since this update to the April 16, 2019, final 
rule (84 FR 15525) is merely ministerial, we find that pre-publication 
notice and public comment with respect to the revisions set forth in 
this rule is unnecessary. We also believe that we have good cause under 
5 U.S.C. 553(d) to make this rule effective upon publication to meet 
the statutory deadline imposed by the Inflation Adjustment Act.

List of Subjects in 50 CFR Part 11

    Administrative practice and procedure, Exports, Fish, Imports, 
Penalties, Plants, Transportation, Wildlife.

Regulation Promulgation

    For the reasons described above, we amend part 11, subchapter B of 
chapter I, title 50 of the Code of Federal Regulations as set forth 
below.

PART 11--CIVIL PROCEDURES

0
 1. The authority citation for part 11 continues to read as follows:

    Authority:  16 U.S.C. 470aa-470mm, 470aaa-470aaa-11, 668-668d, 
1361-1384, 1401-1407, 1531-1544, 3371-3378, 4201-4245, 4901-4916, 
5201-5207, 5301-5306; 18 U.S.C. 42-43; 25 U.S.C. 3001-3013; and Sec. 
107, Pub. L. 114-74, 129 Stat. 599, unless otherwise noted.


0
2. In Sec.  11.33, revise the table to read as follows:


Sec.  11.33  Adjustments to penalties.

* * * * *

----------------------------------------------------------------------------------------------------------------
                                                                                                 Maximum civil
                  Law                             Citation              Type of violation       monetary penalty
----------------------------------------------------------------------------------------------------------------
(a) African Elephant Conservation Act..  16 U.S.C. 4224(b)........  Any violation............            $10,705
(b) Bald and Golden Eagle Protection     16 U.S.C. 668(b).........  Any violation............             13,525
 Act.
(c) Endangered Species Act of 1973.....  16 U.S.C. 1540(a)(1).....  (1) Knowing violation of              53,524
                                                                     section 1538.
                                                                    (2) Other knowing                     25,691
                                                                     violation.
                                                                    (3) Any other violation..              1,352
(d) Lacey Act Amendments of 1981.......  16 U.S.C. 3373(a)........  (1) Violations referred               27,051
                                                                     to in 16 U.S.C.
                                                                     3373(a)(1).
                                                                    (2) Violations referred                  676
                                                                     to in 16 U.S.C.
                                                                     3373(a)(2).
(e) Marine Mammal Protection Act of      16 U.S.C. 1375...........  Any violation............             27,051
 1972.
(f) Recreational Hunting Safety Act of   16 U.S.C. 5202(b)........  (1) Violation involving               17,213
 1994.                                                               use of force or violence
                                                                     or threatened use of
                                                                     force or violence.
                                                                    (2) Any other violation..              8,606
(g) Rhinoceros and Tiger Conservation    16 U.S.C. 5305a(b)(2)....  Any violation............             18,830
 Act of 1998.

[[Page 10312]]

 
(h) Wild Bird Conservation Act.........  16 U.S.C. 4912(a)(1).....  (1) Violation of section              45,371
                                                                     4910(a)(1), section
                                                                     4910(a)(2), or any
                                                                     permit issued under
                                                                     section 4911.
                                                                    (2) Violation of section              21,777
                                                                     4910(a)(3).
                                                                    (3) Any other violation..                908
----------------------------------------------------------------------------------------------------------------


    Dated: January 21, 2020.
Rob Wallace,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 2020-03232 Filed 2-21-20; 8:45 am]
 BILLING CODE 4333-15-P