Civil Penalties; 2020 Inflation Adjustments for Civil Monetary Penalties, 10310-10312 [2020-03232]
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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:
■
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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:
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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 https://
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) ...........................
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16 U.S.C. 5202(b) .................................
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(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:
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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
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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]
=======================================================================
-----------------------------------------------------------------------
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 https://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
