Civil Monetary Penalty Inflation Adjustment Rule, 34643-34646 [2020-11114]
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Federal Register / Vol. 85, No. 110 / Monday, June 8, 2020 / Rules and Regulations
tribes, on the relationship between the
Federal Government and Indian tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this rule
will not result in such an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
F. Environment
We have analyzed this rule under
Department of Homeland Security
Directive 023–01, Rev. 1, associated
implementing instructions, and
Environmental Planning COMDTINST
5090.1 (series), which guide the Coast
Guard in complying with the National
Environmental Policy Act of 1969(42
U.S.C. 4321–4370f), and have
determined that this action is one of a
category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule involves a safety
zone lasting only one hour on ten
different days that would prohibit entry
within 420 feet of a fireworks barge on
Lake of the Ozarks at mile marker .5 on
the main channel of Lake of the Ozarks
near Bagnel Dam in Lake Ozark, MO. It
is categorically excluded from further
review under paragraph L60(a) of
Appendix A, Table 1 of DHS Instruction
Manual 023–01–001–01, Rev. 1. A
Record of Environmental Consideration
supporting this determination is
available in the docket. For instructions
on locating the docket, see the
ADDRESSES section of this preamble.
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G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to call or email the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places or vessels.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
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For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
■
Authority: 46 U.S.C. 70034, 70051; 33 CFR
1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 0170.1.
2. Add § 165.T08–0067 to read as
follows:
■
§ 165.T08–0067 Safety Zone; Lake of the
Ozarks, Mile .5 on the Main Channel of the
Lake of the Ozarks near Bagnel Dam, Lake
Ozark, MO
(a) Location. The following area is a
safety zone: Lake of the Ozarks, within
a 420-foot radius around a fireworks
barge located at mile marker .5 on the
main channel of the Lake of the Ozarks
near Bagnel Dam in Lake Ozark, MO.
(b) Period of enforcement. This
section is effective from 9:15 p.m.
through 10:15 p.m. on May 23, June 20,
June 27, July 4, July 11, July 18, July 25,
August 1, August 8, and August 15,
2020.
(c) Regulations. (1) In accordance with
the general regulations in § 165.23 of
this part, persons and vessels are
prohibited from entering the safety zone
unless authorized by the Captain of the
Port Sector Upper Mississippi River
(COTP) or a designated representative.
A designated representative is a
commissioned, warrant, or petty officer
of the U.S. Coast Guard assigned to
units under the operational control of
USCG Sector Upper Mississippi River.
(2) Persons or vessels desiring to enter
into or pass through the zone must
request permission from the COTP or a
designated representative. They may be
contacted by telephone at 314–269–
2332.
(3) If permission is granted, all
persons and vessels shall comply with
the instructions of the COTP or
designated representative while
navigating in the regulated area.
(d) Informational broadcasts. The
COTP or a designated representative
will inform the public of the
enforcement date and times for this
safety zone, as well as any emergent
safety concerns that may delay the
enforcement of the zone through Local
Notices to Mariners (LNM).
Dated: May 15, 2020.
S.A. Stoermer,
Captain, U.S. Coast Guard, Captain of the
Port Sector Upper Mississippi River.
[FR Doc. 2020–10912 Filed 6–5–20; 8:45 am]
BILLING CODE 9110–04–P
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34643
DEPARTMENT OF DEFENSE
Department of the Army, Corps of
Engineers
33 CFR Parts 207 and 326
RIN 0710–AB13
Civil Monetary Penalty Inflation
Adjustment Rule
AGENCY:
U.S. Army Corps of Engineers,
DoD.
ACTION:
Final rule.
The U.S. Army Corps of
Engineers (Corps) is issuing this final
rule to adjust its civil monetary
penalties (CMP) under the Rivers and
Harbors Appropriation Act of 1922, the
Clean Water Act (CWA) and the
National Fishing Enhancement Act to
account for inflation.
DATES: This final rule is effective on
June 8, 2020.
FOR FURTHER INFORMATION CONTACT: For
the Navigation portion, please contact
Mr. Paul Clouse at 202–761–4709 or by
email at Paul.D.Clouse@usace.army.mil
or for the CWA portion, Ms. Karen
Mulligan at 202–761–4664 or by email
at karen.mulligan@usace.army.mil or
access the U.S. Army Corps of Engineers
Regulatory Home Page at https://
www.usace.army.mil/Missions/
CivilWorks/RegulatoryProgramand
Permits.aspx.
SUMMARY:
The
Federal Civil Penalties Inflation
Adjustment Act of 1990, Public Law
101–410, 104 Stat. 890 (28 U.S.C. 2461,
note), as amended by the Debt
Collection Improvement Act of 1996,
Public Law 104–134, April 26, 1996,
and further amended by the Federal
Civil Penalties Inflation Adjustment Act
Improvements Act of 2015 (Inflation
Adjustment Act), Public Law 114–74,
November 2, 2015, required agencies to
annually adjust the level of CMP for
inflation to improve their effectiveness
and maintain their deterrent effect.
With this rule, the new statutory
maximum penalty levels listed in Table
1 will apply to all statutory civil
penalties assessed on or after the
effective date of this rule. Table 1 shows
the calculation of the 2020 annual
inflation adjustment based on the
guidance provided by the Office of
Management and Budget (OMB) (see
December 16, 2019, Memorandum for
the Heads of Executive Departments and
Agencies, Subject: Implementation of
Penalty Inflation Adjustments for 2020,
Pursuant to the Federal Civil Penalties
Inflation Adjustment Act Improvements
Act of 2015). The OMB provided to
SUPPLEMENTARY INFORMATION:
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Federal Register / Vol. 85, No. 110 / Monday, June 8, 2020 / Rules and Regulations
agencies the cost-of-living adjustment
multiplier for 2020, based on the
Consumer Price Index for All Urban
Consumers (CPI–U) for the month of
October 2019, not seasonally adjusted,
which is 1.01764. Agencies are to adjust
‘‘the maximum civil monetary penalty
or the range of minimum and maximum
civil monetary penalties, as applicable,
for each civil monetary penalty by the
cost-of-living adjustment.’’ For 2020,
agencies multiply each applicable
penalty by the multiplier, 1.01764, and
round to the nearest dollar. The
multiplier should be applied to the most
recent penalty amount, i.e., the one that
includes the 2019 annual inflation
adjustment.
TABLE 1
Civil Monetary Penalty (CMP)
amount established by law
2019 CMP amount in effect
prior to this rulemaking
Rivers and Harbors Act of
1922 (33 U.S.C. 555).
CWA, 33 U.S.C.
1319(g)(2)(A).
CWA, 33 U.S.C. 1344(s)(4) ...
$2,500 per violation ...............
$5,732 per violation ...............
1.01764
$5,834 per violation.
$10,000 per violation, with a
maximum of $25,000.
Maximum of $25,000 per day
for each violation.
Maximum of $10,000 per violation.
$21,934 per violation, with a
maximum of $54,833.
Maximum of $54,833 per day
for each violation.
Maximum of $24,017 per violation.
1.01764
$22,321 per violation, with a
maximum of $55,801.
Maximum of $55,801 per day
for each violation.
Maximum of $24,441 per violation.
National Fishing Enhancement Act, 33 U.S.C.
2104(e).
Section 4 of the Inflation Adjustment
Act directs federal agencies to publish
annual penalty inflation adjustments. In
accordance with Section 553 of the
Administrative Procedures Act (APA),
most rules are subject to notice and
comment and are effective no earlier
than 30 days after publication in the
Federal Register. Section 4(b)(2) of the
Inflation Adjustment Act further
provides that each agency shall make
the annual inflation adjustments
‘‘notwithstanding section 553’’ of the
APA. According to the December 2019
OMB guidance issued to Federal
agencies on the implementation of the
2020 annual adjustment, the phrase
‘‘notwithstanding section 553’’ means
that ‘‘the public procedure the APA
generally requires (i.e., notice, an
opportunity for comment, and a delay in
effective date) is not required for
agencies to issue regulations
implementing the annual adjustment.’’
Consistent with the language of the
Inflation Adjustment Act and OMB’s
implementation guidance, this rule is
not subject to notice and opportunity for
public comment. This rule adjusts the
value of current statutory civil penalties
to reflect and keep pace with the levels
originally set by Congress when the
statutes were enacted, as required by the
Inflation Adjustment Act. This rule will
apply prospectively to penalty
assessments beginning on the effective
date of this final rule.
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2020 Inflation
adjustment
multiplier
Citation
Regulatory Procedures
Plain Language
In compliance with the principles in
the President’s Memorandum of June 1,
1998, regarding plain language, this
preamble is written using plain
language. The use of ‘‘we’’ in this notice
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refers to the Corps and the use of ‘‘you’’
refers to the reader. We have also used
the active voice, short sentences, and
common everyday terms except for
necessary technical terms.
Executive Order 12866, ‘‘Regulatory
Planning and Review,’’ and Executive
Order 13563, ‘‘Improving Regulation
and Regulatory Review’’
This rule is not designated a
‘‘significant regulatory action’’ under
Executive Order 12866 and OMB
determined this rule to not be
significant. Moreover, this final rule
makes nondiscretionary adjustments to
existing civil monetary penalties in
accordance with the Inflation
Adjustment Act and OMB guidance.
The Corps, therefore, did not consider
alternatives and does not have the
flexibility to alter the adjustments of the
civil monetary penalty amounts as
provided in this rule.
Public Law 96–511, ‘‘Paperwork
Reduction Act’’ (44 U.S.C. Chapter 35)
The Department of Defense
determined that provisions of the
Paperwork Reduction Act of 1995,
Public Law 104–13, 44 U.S.C. Chapter
35, and its implementing regulations, 5
CFR part 1320, do not apply to this rule
because there are no new or revised
recordkeeping or reporting
requirements. This action merely
increases the level of statutory civil
penalties that could be imposed in the
context of a federal civil administrative
enforcement action or civil judicial case
for violations of Corps-administered
statutes and their implementing
regulations.
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1.01764
1.01764
CMP amount as of June 8,
2020
Executive Order 13771, ‘‘Reducing
Regulation and Controlling Regulatory
Costs’’
This rule has been deemed not
significant under Executive Order 12866
and is, therefore, not subject to the
requirements of Executive Order 13771,
‘‘Reducing Regulation and Controlling
Regulatory Costs.’’
Executive Order 13132, ‘‘Federalism’’
Executive Order 13132 establishes
certain requirements that an agency
must meet when it promulgates a rule
that imposes substantial direct
requirement costs on State and local
governments, preempts State law, or
otherwise has Federalism implications.
This final rule will not have a
substantial effect on State and local
governments.
Public Law 96–354, ‘‘Regulatory
Flexibility Act’’ (5 U.S.C. Chapter 6)
Because notice of proposed
rulemaking and opportunity for
comment are not required pursuant to 5
U.S.C. 553, or any other law, the
analytical requirements of the
Regulatory Flexibility Act (5 U.S.C. 601,
et seq.) are inapplicable. Therefore, a
regulatory flexibility analysis is not
required and has not been prepared.
Unfunded Mandates Reform Act (2
U.S.C. Chapter 25)
Section 202 of the Unfunded
Mandates Reform Act of 1995 (UMRA)
(2 U.S.C. 1532) requires agencies to
assess anticipated costs and benefits
before issuing any rule the mandates of
which require spending in any year of
$100 million in 1995 dollars, updated
annually for inflation. In 2016, that
threshold is approximately $146
million. This rule will not mandate any
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requirements for State, local, or tribal
governments, nor will it affect private
sector costs.
Public Law 104–113, ‘‘National
Technology Transfer and Advancement
Act’’ (15 U.S.C. Chapter 7)
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (NTTAA), Public Law 104–
113, (15 U.S.C. 272 note), directs us to
use voluntary consensus standards in
our regulatory activities, unless to do so
would be inconsistent with applicable
law or otherwise impractical. Voluntary
consensus standards are technical
standards (e.g., materials specifications,
test methods, sampling procedures, and
business practices) that are developed or
adopted by voluntary consensus
standards bodies. The NTTAA directs
us to provide Congress, through OMB,
explanations when we decide not to use
available and applicable voluntary
consensus standards. This rule does not
involve technical standards. Therefore,
we did not consider the use of any
voluntary consensus standards.
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Executive Order 13045, ‘‘Protection of
Children From Environmental Health
Risks and Safety Risks’’
Executive Order 13045 applies to any
rule that: (1) Is determined to be
‘‘economically significant’’ as defined
under Executive Order 12866, and (2)
concerns an environmental health or
safety risk that we have reason to
believe may have a disproportionate
effect on children. If the regulatory
action meets both criteria, we must
evaluate the environmental health or
safety effects of the rule on children,
and explain why the regulation is
preferable to other potentially effective
and reasonably feasible alternatives.
This rule is not subject to this Executive
Order because it is not economically
significant as defined in Executive
Order 12866. In addition, it does not
concern an environmental or safety risk
that we have reason to believe may have
a disproportionate effect on children.
Executive Order 13175, ‘‘Consultation
and Coordination With Indian Tribal
Governments’’
Executive Order 13175 requires
agencies to develop an accountable
process to ensure ‘‘meaningful and
timely input by tribal officials in the
development of regulatory policies that
have tribal implications.’’ The phrase
‘‘policies that have tribal implications’’
is defined in the Executive Order to
include regulations that have
‘‘substantial direct effects on one or
more Indian tribes, on the relationship
between the Federal government and
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the Indian tribes, or on the distribution
of power and responsibilities between
the Federal government and Indian
tribes.’’ This rule does not have tribal
implications. The rule imposes no new
substantive obligations on tribal
governments. Therefore, Executive
Order 13175 does not apply to this rule.
Public Law 104–121, ‘‘Congressional
Review Act’’ (5 U.S.C. Chapter 8)
The Congressional Review Act, 5
U.S.C. 801 et seq., as amended by the
Small Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. We will submit a
report containing this rule and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States. A major rule cannot take effect
until 60 days after it is published in the
Federal Register. This rule is not a
‘‘major rule’’ as defined by 5 U.S.C.
804(2).
Executive Order 12898, ‘‘Federal
Actions To Address Environmental
Justice in Minority Populations and
Low-Income Populations’’
Executive Order 12898 requires that,
to the greatest extent practicable and
permitted by law, each Federal agency
must make achieving environmental
justice part of its mission. Executive
Order 12898 provides that each Federal
agency conduct its programs, policies,
and activities that substantially affect
human health or the environment in a
manner that ensures that such programs,
policies, and activities do not have the
effect of excluding persons (including
populations) from participation in,
denying persons (including
populations) the benefits of, or
subjecting persons (including
populations) to discrimination under
such programs, policies, and activities
because of their race, color, or national
origin. This rule merely adjusts civil
penalties to account for inflation, and
therefore, is not expected to negatively
impact any community, and therefore is
not expected to cause any
disproportionately high and adverse
impacts to minority or low-income
communities.
Executive Order 13211, ‘‘Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use’’
This rule is not a ‘‘significant energy
action’’ as defined in Executive Order
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34645
13211 because it is not likely to have a
significant adverse effect on the supply,
distribution, or use of energy.
List of Subjects
33 CFR Part 207
Navigation (water), Penalties,
Reporting and recordkeeping
requirements, and Waterways.
33 CFR Part 326
Administrative practice and
procedure, Intergovernmental relations,
Investigations, Law enforcement,
Navigation (Water), Water pollution
control, Waterways.
Approved by:
R.D. James,
Assistant Secretary of the Army (Civil Works).
For the reasons set out in the
preamble, title 33, chapter II of the Code
of Federal Regulations is amended as
follows:
PART 207—NAVIGATION
REGULATIONS
1. The authority citation for part 207
is revised to read as follows:
■
Authority: 33 U.S.C. 1; 33 U.S.C. 555; 28
U.S.C. 2461 note.
2. Amend § 207.800 by revising
paragraph (c)(2) to read as follows:
■
§ 207.800 Collection of navigation
statistics.
*
*
*
*
*
(c) * * *
(2) In addition, any person or entity
that fails to provide timely, accurate,
and complete statements or reports
required to be submitted by the
regulation in this section may also be
assessed a civil penalty of up to $5,834
per violation under 33 U.S.C. 555, as
amended.
*
*
*
*
*
PART 326—ENFORCEMENT
1. The authority citation for part 326
continues to read as follows:
■
Authority: 33 U.S.C. 401 et seq.; 33 U.S.C.
1344; 33 U.S.C. 1413; 33 U.S.C. 2104; 33
U.S.C. 1319; 28 U.S.C. 2461 note.
2. Amend § 326.6 by revising
paragraph (a)(1) to read as follows:
■
§ 326.6
Class I administrative penalties.
(a) * * *
(1) This section sets forth procedures
for initiation and administration of
Class I administrative penalty orders
under Section 309(g) of the Clean Water
Act, judicially-imposed civil penalties
under Section 404(s) of the Clean Water
Act, and Section 205 of the National
Fishing Enhancement Act. Under
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Section 309(g)(2)(A) of the Clean Water
Act, Class I civil penalties may not
exceed $22,321 per violation, except
that the maximum amount of any Class
I civil penalty shall not exceed $55,801.
Under Section 404(s)(4) of the Clean
Water Act, judicially-imposed civil
penalties may not exceed $55,801 per
day for each violation. Under Section
205(e) of the National Fishing
Enhancement Act, penalties for
violations of permits issued in
accordance with that Act shall not
exceed $24,441 for each violation.
TABLE 1 TO PARAGRAPH (a)(1)
Statutory civil monetary penalty amount for violations that occurred
after November 2, 2015, and are assessed on or after June 8, 2020
Environmental statute and U.S. code citation
Clean Water Act (CWA), Section 309(g)(2)(A), 33 U.S.C. 1319(g)(2)(A)
CWA, Section 404(s)(4), 33 U.S.C. 1344(s)(4) ........................................
National Fishing Enhancement Act, Section 205(e), 33 U.S.C. 2104(e)
40 CFR Part 174
is open from 8:30 a.m. to 4:30 p.m.,
Monday through Friday, excluding legal
holidays. The telephone number for the
Public Reading Room is (202) 566–1744,
and the telephone number for the OPP
Docket is (703) 305–5805. Please review
the visitor instructions and additional
information about the docket available
at https://www.epa.gov/dockets.
[EPA–HQ–OPP–2019–0097; FRL–10008–72]
FOR FURTHER INFORMATION CONTACT:
*
*
*
*
*
[FR Doc. 2020–11114 Filed 6–5–20; 8:45 am]
BILLING CODE 3720–58–P
ENVIRONMENTAL PROTECTION
AGENCY
Bacillus thuringiensis Cry14Ab-1
Protein in Soybean; Exemption From
the Requirement of a Tolerance
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
This regulation establishes an
exemption from the requirement of a
tolerance for residues of the Bacillus
thuringiensis Cry14Ab-1 protein
(hereafter referred to as Cry14Ab-1) in or
on soybean when used as a PlantIncorporated Protectant (PIP). BASF
Corporation submitted a petition to EPA
under the Federal Food, Drug, and
Cosmetic Act (FFDCA), requesting an
exemption from the requirement of a
tolerance. This regulation eliminates the
need to establish a maximum
permissible level for residues of
Cry14Ab-1.
DATES: This regulation is effective June
8, 2020. Objections and requests for
hearings must be received on or before
August 7, 2020, and must be filed in
accordance with the instructions
provided in 40 CFR part 178 (see also
Unit I.C. of the SUPPLEMENTARY
INFORMATION).
ADDRESSES: The docket for this action,
identified by docket identification (ID)
number EPA–HQ–OPP–2019–0097, is
available at https://www.regulations.gov
or at the Office of Pesticide Programs
Regulatory Public Docket (OPP Docket)
in the Environmental Protection Agency
Docket Center (EPA/DC), West William
Jefferson Clinton Bldg., Rm. 3334, 1301
Constitution Ave. NW, Washington, DC
20460–0001. The Public Reading Room
SUMMARY:
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$22,321 per violation, with a maximum of $55,801.
Maximum of $55,801 per day for each violation.
Maximum of $24,441 per violation.
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Robert McNally, Biopesticides and
Pollution Prevention Division (7511P),
Office of Pesticide Programs,
Environmental Protection Agency, 1200
Pennsylvania Ave. NW, Washington, DC
20460–0001; main telephone number:
(703) 305–7090; email address:
BPPDFRNotices@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this action apply to me?
You may be potentially affected by
this action if you are an agricultural
producer, food manufacturer, or
pesticide manufacturer. The following
list of North American Industrial
Classification System (NAICS) codes is
not intended to be exhaustive, but rather
provides a guide to help readers
determine whether this document
applies to them. Potentially affected
entities may include:
• Crop production (NAICS code 111).
• Animal production (NAICS code
112).
• Food manufacturing (NAICS code
311).
• Pesticide manufacturing (NAICS
code 32532).
B. How can I get electronic access to
other related information?
You may access a frequently updated
electronic version of 40 CFR part 180
through the Government Publishing
Office’s e-CFR site at https://
www.ecfr.gov/cgi-bin/text-idx?&
c=ecfr&tpl=/ecfrbrowse/Title40/40tab_
02.tpl.
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C. How can I file an objection or hearing
request?
Under FFDCA section 408(g), 21
U.S.C. 346a, any person may file an
objection to any aspect of this regulation
and may also request a hearing on those
objections. You must file your objection
or request a hearing on this regulation
in accordance with the instructions
provided in 40 CFR part 178. To ensure
proper receipt by EPA, you must
identify docket ID number EPA–HQ–
OPP–2019–0097 in the subject line on
the first page of your submission. All
objections and requests for a hearing
must be in writing, and must be
received by the Hearing Clerk on or
before August 7, 2020. Addresses for
mail and hand delivery of objections
and hearing requests are provided in 40
CFR 178.25(b).
In addition to filing an objection or
hearing request with the Hearing Clerk
as described in 40 CFR part 178, please
submit a copy of the filing (excluding
any Confidential Business Information
(CBI)) for inclusion in the public docket.
Information not marked confidential
pursuant to 40 CFR part 2 may be
disclosed publicly by EPA without prior
notice. Submit the non-CBI copy of your
objection or hearing request, identified
by docket ID number EPA–HQ–OPP–
2019–0097, by one of the following
methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Do not submit electronically any
information you consider to be CBI or
other information whose disclosure is
restricted by statute.
• Mail: OPP Docket, Environmental
Protection Agency Docket Center (EPA/
DC), (28221T), 1200 Pennsylvania Ave.
NW, Washington, DC 20460–0001.
• Hand Delivery: To make special
arrangements for hand delivery or
delivery of boxed information, please
follow the instructions at https://
www.epa.gov/dockets/contacts.html.
Additional instructions on
commenting or visiting the docket,
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]]>Agencies
[Federal Register Volume 85, Number 110 (Monday, June 8, 2020)]
[Rules and Regulations]
[Pages 34643-34646]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-11114]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Department of the Army, Corps of Engineers
33 CFR Parts 207 and 326
RIN 0710-AB13
Civil Monetary Penalty Inflation Adjustment Rule
AGENCY: U.S. Army Corps of Engineers, DoD.
ACTION: Final rule.
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SUMMARY: The U.S. Army Corps of Engineers (Corps) is issuing this final
rule to adjust its civil monetary penalties (CMP) under the Rivers and
Harbors Appropriation Act of 1922, the Clean Water Act (CWA) and the
National Fishing Enhancement Act to account for inflation.
DATES: This final rule is effective on June 8, 2020.
FOR FURTHER INFORMATION CONTACT: For the Navigation portion, please
contact Mr. Paul Clouse at 202-761-4709 or by email at
[email protected] or for the CWA portion, Ms. Karen Mulligan
at 202-761-4664 or by email at [email protected] or access
the U.S. Army Corps of Engineers Regulatory Home Page at https://www.usace.army.mil/Missions/CivilWorks/RegulatoryProgramandPermits.aspx.
SUPPLEMENTARY INFORMATION: The Federal Civil Penalties Inflation
Adjustment Act of 1990, Public Law 101-410, 104 Stat. 890 (28 U.S.C.
2461, note), as amended by the Debt Collection Improvement Act of 1996,
Public Law 104-134, April 26, 1996, and further amended by the Federal
Civil Penalties Inflation Adjustment Act Improvements Act of 2015
(Inflation Adjustment Act), Public Law 114-74, November 2, 2015,
required agencies to annually adjust the level of CMP for inflation to
improve their effectiveness and maintain their deterrent effect.
With this rule, the new statutory maximum penalty levels listed in
Table 1 will apply to all statutory civil penalties assessed on or
after the effective date of this rule. Table 1 shows the calculation of
the 2020 annual inflation adjustment based on the guidance provided by
the Office of Management and Budget (OMB) (see December 16, 2019,
Memorandum for the Heads of Executive Departments and Agencies,
Subject: Implementation of Penalty Inflation Adjustments for 2020,
Pursuant to the Federal Civil Penalties Inflation Adjustment Act
Improvements Act of 2015). The OMB provided to
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agencies the cost-of-living adjustment multiplier for 2020, based on
the Consumer Price Index for All Urban Consumers (CPI-U) for the month
of October 2019, not seasonally adjusted, which is 1.01764. Agencies
are to adjust ``the maximum civil monetary penalty or the range of
minimum and maximum civil monetary penalties, as applicable, for each
civil monetary penalty by the cost-of-living adjustment.'' For 2020,
agencies multiply each applicable penalty by the multiplier, 1.01764,
and round to the nearest dollar. The multiplier should be applied to
the most recent penalty amount, i.e., the one that includes the 2019
annual inflation adjustment.
Table 1
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Civil Monetary
Penalty (CMP) 2019 CMP amount in 2020 Inflation CMP amount as of
Citation amount established effect prior to adjustment June 8, 2020
by law this rulemaking multiplier
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Rivers and Harbors Act of 1922 $2,500 per $5,732 per 1.01764 $5,834 per
(33 U.S.C. 555). violation. violation. violation.
CWA, 33 U.S.C. 1319(g)(2)(A)..... $10,000 per $21,934 per 1.01764 $22,321 per
violation, with a violation, with a violation, with a
maximum of $25,000. maximum of $54,833. maximum of
$55,801.
CWA, 33 U.S.C. 1344(s)(4)........ Maximum of $25,000 Maximum of $54,833 1.01764 Maximum of $55,801
per day for each per day for each per day for each
violation. violation. violation.
National Fishing Enhancement Act, Maximum of $10,000 Maximum of $24,017 1.01764 Maximum of $24,441
33 U.S.C. 2104(e). per violation. per violation. per violation.
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Section 4 of the Inflation Adjustment Act directs federal agencies
to publish annual penalty inflation adjustments. In accordance with
Section 553 of the Administrative Procedures Act (APA), most rules are
subject to notice and comment and are effective no earlier than 30 days
after publication in the Federal Register. Section 4(b)(2) of the
Inflation Adjustment Act further provides that each agency shall make
the annual inflation adjustments ``notwithstanding section 553'' of the
APA. According to the December 2019 OMB guidance issued to Federal
agencies on the implementation of the 2020 annual adjustment, the
phrase ``notwithstanding section 553'' means that ``the public
procedure the APA generally requires (i.e., notice, an opportunity for
comment, and a delay in effective date) is not required for agencies to
issue regulations implementing the annual adjustment.'' Consistent with
the language of the Inflation Adjustment Act and OMB's implementation
guidance, this rule is not subject to notice and opportunity for public
comment. This rule adjusts the value of current statutory civil
penalties to reflect and keep pace with the levels originally set by
Congress when the statutes were enacted, as required by the Inflation
Adjustment Act. This rule will apply prospectively to penalty
assessments beginning on the effective date of this final rule.
Regulatory Procedures
Plain Language
In compliance with the principles in the President's Memorandum of
June 1, 1998, regarding plain language, this preamble is written using
plain language. The use of ``we'' in this notice refers to the Corps
and the use of ``you'' refers to the reader. We have also used the
active voice, short sentences, and common everyday terms except for
necessary technical terms.
Executive Order 12866, ``Regulatory Planning and Review,'' and
Executive Order 13563, ``Improving Regulation and Regulatory Review''
This rule is not designated a ``significant regulatory action''
under Executive Order 12866 and OMB determined this rule to not be
significant. Moreover, this final rule makes nondiscretionary
adjustments to existing civil monetary penalties in accordance with the
Inflation Adjustment Act and OMB guidance. The Corps, therefore, did
not consider alternatives and does not have the flexibility to alter
the adjustments of the civil monetary penalty amounts as provided in
this rule.
Public Law 96-511, ``Paperwork Reduction Act'' (44 U.S.C. Chapter 35)
The Department of Defense determined that provisions of the
Paperwork Reduction Act of 1995, Public Law 104-13, 44 U.S.C. Chapter
35, and its implementing regulations, 5 CFR part 1320, do not apply to
this rule because there are no new or revised recordkeeping or
reporting requirements. This action merely increases the level of
statutory civil penalties that could be imposed in the context of a
federal civil administrative enforcement action or civil judicial case
for violations of Corps-administered statutes and their implementing
regulations.
Executive Order 13771, ``Reducing Regulation and Controlling Regulatory
Costs''
This rule has been deemed not significant under Executive Order
12866 and is, therefore, not subject to the requirements of Executive
Order 13771, ``Reducing Regulation and Controlling Regulatory Costs.''
Executive Order 13132, ``Federalism''
Executive Order 13132 establishes certain requirements that an
agency must meet when it promulgates a rule that imposes substantial
direct requirement costs on State and local governments, preempts State
law, or otherwise has Federalism implications. This final rule will not
have a substantial effect on State and local governments.
Public Law 96-354, ``Regulatory Flexibility Act'' (5 U.S.C. Chapter 6)
Because notice of proposed rulemaking and opportunity for comment
are not required pursuant to 5 U.S.C. 553, or any other law, the
analytical requirements of the Regulatory Flexibility Act (5 U.S.C.
601, et seq.) are inapplicable. Therefore, a regulatory flexibility
analysis is not required and has not been prepared.
Unfunded Mandates Reform Act (2 U.S.C. Chapter 25)
Section 202 of the Unfunded Mandates Reform Act of 1995 (UMRA) (2
U.S.C. 1532) requires agencies to assess anticipated costs and benefits
before issuing any rule the mandates of which require spending in any
year of $100 million in 1995 dollars, updated annually for inflation.
In 2016, that threshold is approximately $146 million. This rule will
not mandate any
[[Page 34645]]
requirements for State, local, or tribal governments, nor will it
affect private sector costs.
Public Law 104-113, ``National Technology Transfer and Advancement
Act'' (15 U.S.C. Chapter 7)
Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (NTTAA), Public Law 104-113, (15 U.S.C. 272 note), directs
us to use voluntary consensus standards in our regulatory activities,
unless to do so would be inconsistent with applicable law or otherwise
impractical. Voluntary consensus standards are technical standards
(e.g., materials specifications, test methods, sampling procedures, and
business practices) that are developed or adopted by voluntary
consensus standards bodies. The NTTAA directs us to provide Congress,
through OMB, explanations when we decide not to use available and
applicable voluntary consensus standards. This rule does not involve
technical standards. Therefore, we did not consider the use of any
voluntary consensus standards.
Executive Order 13045, ``Protection of Children From Environmental
Health Risks and Safety Risks''
Executive Order 13045 applies to any rule that: (1) Is determined
to be ``economically significant'' as defined under Executive Order
12866, and (2) concerns an environmental health or safety risk that we
have reason to believe may have a disproportionate effect on children.
If the regulatory action meets both criteria, we must evaluate the
environmental health or safety effects of the rule on children, and
explain why the regulation is preferable to other potentially effective
and reasonably feasible alternatives. This rule is not subject to this
Executive Order because it is not economically significant as defined
in Executive Order 12866. In addition, it does not concern an
environmental or safety risk that we have reason to believe may have a
disproportionate effect on children.
Executive Order 13175, ``Consultation and Coordination With Indian
Tribal Governments''
Executive Order 13175 requires agencies to develop an accountable
process to ensure ``meaningful and timely input by tribal officials in
the development of regulatory policies that have tribal implications.''
The phrase ``policies that have tribal implications'' is defined in the
Executive Order to include regulations that have ``substantial direct
effects on one or more Indian tribes, on the relationship between the
Federal government and the Indian tribes, or on the distribution of
power and responsibilities between the Federal government and Indian
tribes.'' This rule does not have tribal implications. The rule imposes
no new substantive obligations on tribal governments. Therefore,
Executive Order 13175 does not apply to this rule.
Public Law 104-121, ``Congressional Review Act'' (5 U.S.C. Chapter 8)
The Congressional Review Act, 5 U.S.C. 801 et seq., as amended by
the Small Business Regulatory Enforcement Fairness Act of 1996,
generally provides that before a rule may take effect, the agency
promulgating the rule must submit a rule report, which includes a copy
of the rule, to each House of the Congress and to the Comptroller
General of the United States. We will submit a report containing this
rule and other required information to the U.S. Senate, the U.S. House
of Representatives, and the Comptroller General of the United States. A
major rule cannot take effect until 60 days after it is published in
the Federal Register. This rule is not a ``major rule'' as defined by 5
U.S.C. 804(2).
Executive Order 12898, ``Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations''
Executive Order 12898 requires that, to the greatest extent
practicable and permitted by law, each Federal agency must make
achieving environmental justice part of its mission. Executive Order
12898 provides that each Federal agency conduct its programs, policies,
and activities that substantially affect human health or the
environment in a manner that ensures that such programs, policies, and
activities do not have the effect of excluding persons (including
populations) from participation in, denying persons (including
populations) the benefits of, or subjecting persons (including
populations) to discrimination under such programs, policies, and
activities because of their race, color, or national origin. This rule
merely adjusts civil penalties to account for inflation, and therefore,
is not expected to negatively impact any community, and therefore is
not expected to cause any disproportionately high and adverse impacts
to minority or low-income communities.
Executive Order 13211, ``Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use''
This rule is not a ``significant energy action'' as defined in
Executive Order 13211 because it is not likely to have a significant
adverse effect on the supply, distribution, or use of energy.
List of Subjects
33 CFR Part 207
Navigation (water), Penalties, Reporting and recordkeeping
requirements, and Waterways.
33 CFR Part 326
Administrative practice and procedure, Intergovernmental relations,
Investigations, Law enforcement, Navigation (Water), Water pollution
control, Waterways.
Approved by:
R.D. James,
Assistant Secretary of the Army (Civil Works).
For the reasons set out in the preamble, title 33, chapter II of
the Code of Federal Regulations is amended as follows:
PART 207--NAVIGATION REGULATIONS
0
1. The authority citation for part 207 is revised to read as follows:
Authority: 33 U.S.C. 1; 33 U.S.C. 555; 28 U.S.C. 2461 note.
0
2. Amend Sec. [thinsp]207.800 by revising paragraph (c)(2) to read as
follows:
Sec. 207.800 Collection of navigation statistics.
* * * * *
(c) * * *
(2) In addition, any person or entity that fails to provide timely,
accurate, and complete statements or reports required to be submitted
by the regulation in this section may also be assessed a civil penalty
of up to $5,834 per violation under 33 U.S.C. 555, as amended.
* * * * *
PART 326--ENFORCEMENT
0
1. The authority citation for part 326 continues to read as follows:
Authority: 33 U.S.C. 401 et seq.; 33 U.S.C. 1344; 33 U.S.C.
1413; 33 U.S.C. 2104; 33 U.S.C. 1319; 28 U.S.C. 2461 note.
0
2. Amend Sec. 326.6 by revising paragraph (a)(1) to read as follows:
Sec. 326.6 Class I administrative penalties.
(a) * * *
(1) This section sets forth procedures for initiation and
administration of Class I administrative penalty orders under Section
309(g) of the Clean Water Act, judicially-imposed civil penalties under
Section 404(s) of the Clean Water Act, and Section 205 of the National
Fishing Enhancement Act. Under
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Section 309(g)(2)(A) of the Clean Water Act, Class I civil penalties
may not exceed $22,321 per violation, except that the maximum amount of
any Class I civil penalty shall not exceed $55,801. Under Section
404(s)(4) of the Clean Water Act, judicially-imposed civil penalties
may not exceed $55,801 per day for each violation. Under Section 205(e)
of the National Fishing Enhancement Act, penalties for violations of
permits issued in accordance with that Act shall not exceed $24,441 for
each violation.
Table 1 to Paragraph (a)(1)
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Statutory civil monetary
penalty amount for violations
Environmental statute and U.S. code that occurred after November 2,
citation 2015, and are assessed on or
after June 8, 2020
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Clean Water Act (CWA), Section $22,321 per violation, with a
309(g)(2)(A), 33 U.S.C. 1319(g)(2)(A). maximum of $55,801.
CWA, Section 404(s)(4), 33 U.S.C. Maximum of $55,801 per day for
1344(s)(4). each violation.
National Fishing Enhancement Act, Maximum of $24,441 per
Section 205(e), 33 U.S.C. 2104(e). violation.
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[FR Doc. 2020-11114 Filed 6-5-20; 8:45 am]
BILLING CODE 3720-58-P
