Annual Adjustment of Civil Monetary Penalty To Reflect Inflation, 7646-7647 [2021-01413]
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Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Rules and Regulations
directed the parties to address the
foundational question of the
Commission’s legal authority to issue a
rule mandating such a stay. I strongly
encourage parties to address this
question in their briefs, even though it
was not specifically mentioned in the
majority’s order.
8. The Commission’s failure to
address the substance of the rehearing
requests might be understandable if the
order directing briefing had been issued
earlier. Indeed, the Court in Allegheny
suggested that it might be permissible
for the Commission to provide for such
supplemental briefing.10 However, that
suggestion was offered in the context of
the Court’s discussion of a potential
Commission order issued in connection
with a timely ruling on rehearing within
thirty days after a rehearing request.11
Here, we are simply failing to perform
our duties.
9. Finally, lest any reader of today’s
order overlook it, let’s pause for a
moment to consider the irony of what
the Commission contemplates here. In
the very same proceeding in which the
Commission promulgated a rule
specifically aimed at alleviating
concerns that its tolling orders served
only to ‘‘buy [the Commission] more
time to act on a rehearing application
and stall judicial review,’’ 12 the
Commission attempts to buy more time
by ordering further procedure after the
statutory deadline to act on rehearing
has passed and as judicial review is
imminent, absent any modification in
the meantime of the rule under review.
I for one will be interested to see
whether the D.C. Circuit countenances
this action any more than it accepted
the Commission’s use of tolling orders
for the very same purpose. Time will
tell.
For these reasons, I respectfully
dissent.
James P. Danly,
Commissioner.
[FR Doc. 2021–02063 Filed 1–29–21; 8:45 am]
BILLING CODE 6717–01–P
DEPARTMENT OF THE INTERIOR
National Indian Gaming Commission
25 CFR Part 575
Annual Adjustment of Civil Monetary
Penalty To Reflect Inflation
National Indian Gaming
Commission.
AGENCY:
10 See
Allegheny, 964 F.3d at 16.
id.
12 Id. at 9.
11 See
VerDate Sep<11>2014
16:10 Jan 29, 2021
Jkt 253001
ACTION:
Final rule.
In compliance with the
Federal Civil Penalties Inflation
Adjustment Act Improvements Act of
2015 (the Act) and Office of
Management and Budget (OMB)
guidance, the National Indian Gaming
Commission (NIGC or Commission) is
amending its civil monetary penalty
rule to reflect an annual adjustment for
inflation in order to improve the
penalty’s effectiveness and maintain its
deterrent effect. The Act provides that
the new penalty level must apply to
penalties assessed after the effective
date of the increase, including when the
penalties whose associated violation
predate the increase.
DATES: This final rule is effective
February 1, 2021.
FOR FURTHER INFORMATION CONTACT:
Armando J. Acosta, Senior Attorney,
Office of General Counsel, National
Indian Gaming Commission, at (202)
632–7003; fax (202) 632–7066 (not tollfree numbers).
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Background
On November 2, 2015, the President
signed into law the Federal Civil
Penalties Inflation Adjustment Act
Improvements Act of 2015 (Sec. 701 of
Pub. L. 114–74). Beginning in 2017, the
Act requires agencies to make annual
inflationary adjustments to their civil
monetary penalties by January 15th of
each year, in accordance with annual
OMB guidance.
II. Calculation of Annual Adjustment
In December of every year, OMB
issues guidance to agencies to calculate
the annual adjustment. According to
OMB, the cost-of-living adjustment
multiplier for 2021 is 1.01182, based on
the Consumer Price Index for the month
of October 2020, not seasonally
adjusted.
Pursuant to this guidance, the
Commission has calculated the annual
adjustment level of the civil monetary
penalty contained in 25 CFR 575.4
(‘‘The Chairman may assess a civil fine,
not to exceed $53,524 per violation,
against a tribe, management contractor,
or individual operating Indian gaming
for each notice of violation . . .’’). The
2021 adjusted level of the civil
monetary penalty is $54,157 ($53,524 ×
1.01182).
III. Regulatory Matters
Regulatory Planning and Review
This final rule is not a significant rule
under Executive Order 12866.
(1) This rule will not have an effect of
$100 million or more on the economy or
PO 00000
Frm 00012
Fmt 4700
Sfmt 4700
will not adversely affect, in a material
way, the economy, productivity,
competition, jobs, the environment,
public health or safety, or state, local, or
tribal governments or communities.
(2) This rule will not create a serious
inconsistency or otherwise interfere
with an action taken or planned by
another agency.
(3) This rule does not involve
entitlements, grants, user fees, or loan
programs or the rights or obligations of
recipients.
(4) This regulatory change does not
raise novel legal or policy issues.
Regulatory Flexibility Act
The Commission certifies that this
rule will not have a significant
economic effect on a substantial number
of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.)
because the rule makes annual
adjustments for inflation.
Small Business Regulatory Enforcement
Fairness Act
This final rule is not a major rule
under 5 U.S.C. 804(2), the Small
Business Regulatory Enforcement
Fairness Act. It will not result in the
expenditure by state, local, or tribal
governments, in the aggregate, or by the
private sector of $100 million or more
in any one year. The rule will not result
in a major increase in costs or prices for
consumers, individual industries,
Federal, state, or local government
agencies, or geographic regions. Nor will
this rule have significant adverse effects
on competition, employment,
investment, productivity, innovation, or
the ability of the U.S.-based enterprises
to compete with foreign-based
enterprises.
Unfunded Mandates Reform Act
This final rule does not impose an
unfunded mandate of more than $100
million per year on state, local, or tribal
governments or the private sector. The
rule also does not have a significant or
unique effect on state, local, or tribal
governments or the private sector.
Therefore, a statement containing the
information required by the Unfunded
Mandates Reform Act (2 U.S.C. 1531 et
seq.) is not required.
Takings
Under the criteria in Executive Order
12630, this final rule does not affect
individual property rights protected by
the Fifth Amendment nor does it
involve a compensable ‘‘taking.’’ Thus,
a takings implication assessment is not
required.
E:\FR\FM\01FER1.SGM
01FER1
Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Rules and Regulations
Federalism
Under the criteria in Executive Order
13132, this final rule has no substantial
direct effect on the states, on the
relationship between the National
Government and the states, or on the
distribution of power and
responsibilities among the various
levels of government.
Civil Justice Reform
This final rule complies with the
requirements of Executive Order 12988.
Specifically, this rule has been reviewed
to eliminate errors and ambiguity and
written to minimize litigation. It is
written in clear language and contains
clear legal standards.
Consultation With Indian Tribes
In accordance with the President’s
memorandum of April 29, 1994,
Government-to-Government Relations
with Native American Tribal
Governments, Executive Order 13175
(59 FR 22951, November 6, 2000), the
Commission has determined that
consultations with Indian gaming tribes
is not practicable, as Congress has
mandated that annual civil penalty
adjustments in the Act be implemented
no later than January 15th of each year.
Paperwork Reduction Act
This final rule does not affect any
information collections under the
Paperwork Reduction Act.
(d) be divided into short sections and
sentences; and
(e) use lists and tables wherever
possible.
Authority: 25 U.S.C. 2705(a), 2706, 2713,
2715; and Sec. 701, Pub. L. 114–74, 129 Stat.
599.
anchorage (B) for extended periods,
blocking other vessels with pressing
logistical needs, adversely affecting
commerce and impacting navigational
safety. Except when stress of weather
makes sailing impractical or hazardous,
this rule will prohibit vessels from
anchoring in anchorage area (B) for
more than 48 hours unless expressly
authorized by the Captain of the Port
Houston-Galveston.
DATES: This rule is effective March 3,
2021.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2019–
0028 in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rule.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email Lieutenant Commander Sarah
Rousseau or Lieutenant Junior Grade
Ryan Gilbert, Sector Houston-Galveston
Waterways Management Division, U.S.
Coast Guard; telephone 281–464–4736/
5800, email HoustonWWM@uscg.mil.
SUPPLEMENTARY INFORMATION:
§ 575.4
I. Table of Abbreviations
Required Determinations Under the
Administrative Procedure Act
In accordance with the Act, agencies
are to annually adjust civil monetary
penalties without providing an
opportunity for notice and comment,
and without a delay in its effective date.
Therefore, the Commission is not
required to complete a notice and
comment process prior to promulgation.
List of Subjects in 25 CFR Part 575
Administrative practice and
procedure, Gaming, Indian lands,
Penalties.
For the reasons set forth in the
preamble, the Commission amends 25
CFR part 575 as follows:
PART 575—CIVIL FINES
1. The authority citation for part 575
continues to read as follows:
■
[Amended]
2. Amend the introductory text of
§ 575.4 by removing ‘‘$53,524’’ and
adding in its place ‘‘$54,157’’.
■
Dated: January 15, 2021.
E. Sequoyah Simermeyer,
Chairman.
Kathryn Isom-Clause,
Vice Chair.
National Environmental Policy Act
This final rule does not constitute a
major Federal action significantly
affecting the quality of the human
environment.
[FR Doc. 2021–01413 Filed 1–29–21; 8:45 am]
Information Quality Act
In developing this final rule, the
Commission did not conduct or use a
study, experiment, or survey requiring
peer review under the Information
Quality Act (Pub. L. 106–554).
BILLING CODE 7565–01–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
Effects on the Energy Supply
33 CFR Part 110
This final rule is not a significant
energy action under the definition in
Executive Order 13211. A Statement of
Energy Effects is not required.
[Docket Number USCG–2019–0028]
Clarity of This Regulation
The Commission is required by
Executive Orders 12866 and 12988 and
by the Presidential Memorandum of
June 1, 1998, to write all rules in plain
language. This means that each rule that
the Commission publishes must:
(a) Be logically organized;
(b) use the active voice to address
readers directly;
(c) use clear language rather than
jargon;
VerDate Sep<11>2014
16:10 Jan 29, 2021
Jkt 253001
7647
RIN 1625–AA01
Anchorage; Galveston Harbor, Bolivar
Roads Channel, Galveston, TX
Coast Guard, DHS.
Final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a 48-hour time limit in
Anchorage Area (B) in Bolivar Roads
near Galveston, Texas. Anchorage areas
(A) and (C) in the Bolivar Roads
Channel already have a 48-hour time
limit, but anchorage (B) did not. This
resulted in vessels remaining in
SUMMARY:
PO 00000
Frm 00013
Fmt 4700
Sfmt 4700
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
HSC Lone Star Harbor Safety Committee
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
VTS Coast Guard Vessel Traffic Service
Houston/Galveston
II. Background Information and
Regulatory History
On October 11, 2018, the Texas Lone
Star Harbor Safety Committee requested
a regulatory change to the Galveston
Harbor Bolivar Roads Anchorage area
(B). The HSC submitted a
recommendation to the Sector HoustonGalveston Captain of the Port that
Anchorage area (B) be regulated under
the same 48-hour time limit as the
adjacent Anchorage areas (A) and (C).
The HSC developed a working group,
the Anchorage Working Group, to assess
the optimal ways to use the anchorage
to facilitate safety and efficiency within
the port.
On January 28, 2020, we published a
notice of proposed rulemaking (85 FR
4919) that proposed to establish a 48hour time limit in Anchorage Area (B)
in Bolivar Roads near Galveston, Texas.
The purpose of the propose rule was to
align the Galveston Harbor Bolivar
Roads Anchorage area (B) to the
adjacent anchorages. This action is
necessary to address port congestion
E:\FR\FM\01FER1.SGM
01FER1
Agencies
[Federal Register Volume 86, Number 19 (Monday, February 1, 2021)]
[Rules and Regulations]
[Pages 7646-7647]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-01413]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
National Indian Gaming Commission
25 CFR Part 575
Annual Adjustment of Civil Monetary Penalty To Reflect Inflation
AGENCY: National Indian Gaming Commission.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: In compliance with the Federal Civil Penalties Inflation
Adjustment Act Improvements Act of 2015 (the Act) and Office of
Management and Budget (OMB) guidance, the National Indian Gaming
Commission (NIGC or Commission) is amending its civil monetary penalty
rule to reflect an annual adjustment for inflation in order to improve
the penalty's effectiveness and maintain its deterrent effect. The Act
provides that the new penalty level must apply to penalties assessed
after the effective date of the increase, including when the penalties
whose associated violation predate the increase.
DATES: This final rule is effective February 1, 2021.
FOR FURTHER INFORMATION CONTACT: Armando J. Acosta, Senior Attorney,
Office of General Counsel, National Indian Gaming Commission, at (202)
632-7003; fax (202) 632-7066 (not toll-free numbers).
SUPPLEMENTARY INFORMATION:
I. Background
On November 2, 2015, the President signed into law the Federal
Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (Sec.
701 of Pub. L. 114-74). Beginning in 2017, the Act requires agencies to
make annual inflationary adjustments to their civil monetary penalties
by January 15th of each year, in accordance with annual OMB guidance.
II. Calculation of Annual Adjustment
In December of every year, OMB issues guidance to agencies to
calculate the annual adjustment. According to OMB, the cost-of-living
adjustment multiplier for 2021 is 1.01182, based on the Consumer Price
Index for the month of October 2020, not seasonally adjusted.
Pursuant to this guidance, the Commission has calculated the annual
adjustment level of the civil monetary penalty contained in 25 CFR
575.4 (``The Chairman may assess a civil fine, not to exceed $53,524
per violation, against a tribe, management contractor, or individual
operating Indian gaming for each notice of violation . . .''). The 2021
adjusted level of the civil monetary penalty is $54,157 ($53,524 x
1.01182).
III. Regulatory Matters
Regulatory Planning and Review
This final rule is not a significant rule under Executive Order
12866.
(1) This rule will not have an effect of $100 million or more on
the economy or will not adversely affect, in a material way, the
economy, productivity, competition, jobs, the environment, public
health or safety, or state, local, or tribal governments or
communities.
(2) This rule will not create a serious inconsistency or otherwise
interfere with an action taken or planned by another agency.
(3) This rule does not involve entitlements, grants, user fees, or
loan programs or the rights or obligations of recipients.
(4) This regulatory change does not raise novel legal or policy
issues.
Regulatory Flexibility Act
The Commission certifies that this rule will not have a significant
economic effect on a substantial number of small entities under the
Regulatory Flexibility Act (5 U.S.C. 601 et seq.) because the rule
makes annual adjustments for inflation.
Small Business Regulatory Enforcement Fairness Act
This final rule is not a major rule under 5 U.S.C. 804(2), the
Small Business Regulatory Enforcement Fairness Act. It will not result
in the expenditure by state, local, or tribal governments, in the
aggregate, or by the private sector of $100 million or more in any one
year. The rule will not result in a major increase in costs or prices
for consumers, individual industries, Federal, state, or local
government agencies, or geographic regions. Nor will this rule have
significant adverse effects on competition, employment, investment,
productivity, innovation, or the ability of the U.S.-based enterprises
to compete with foreign-based enterprises.
Unfunded Mandates Reform Act
This final rule does not impose an unfunded mandate of more than
$100 million per year on state, local, or tribal governments or the
private sector. The rule also does not have a significant or unique
effect on state, local, or tribal governments or the private sector.
Therefore, a statement containing the information required by the
Unfunded Mandates Reform Act (2 U.S.C. 1531 et seq.) is not required.
Takings
Under the criteria in Executive Order 12630, this final rule does
not affect individual property rights protected by the Fifth Amendment
nor does it involve a compensable ``taking.'' Thus, a takings
implication assessment is not required.
[[Page 7647]]
Federalism
Under the criteria in Executive Order 13132, this final rule has no
substantial direct effect on the states, on the relationship between
the National Government and the states, or on the distribution of power
and responsibilities among the various levels of government.
Civil Justice Reform
This final rule complies with the requirements of Executive Order
12988. Specifically, this rule has been reviewed to eliminate errors
and ambiguity and written to minimize litigation. It is written in
clear language and contains clear legal standards.
Consultation With Indian Tribes
In accordance with the President's memorandum of April 29, 1994,
Government-to-Government Relations with Native American Tribal
Governments, Executive Order 13175 (59 FR 22951, November 6, 2000), the
Commission has determined that consultations with Indian gaming tribes
is not practicable, as Congress has mandated that annual civil penalty
adjustments in the Act be implemented no later than January 15th of
each year.
Paperwork Reduction Act
This final rule does not affect any information collections under
the Paperwork Reduction Act.
National Environmental Policy Act
This final rule does not constitute a major Federal action
significantly affecting the quality of the human environment.
Information Quality Act
In developing this final rule, the Commission did not conduct or
use a study, experiment, or survey requiring peer review under the
Information Quality Act (Pub. L. 106-554).
Effects on the Energy Supply
This final rule is not a significant energy action under the
definition in Executive Order 13211. A Statement of Energy Effects is
not required.
Clarity of This Regulation
The Commission is required by Executive Orders 12866 and 12988 and
by the Presidential Memorandum of June 1, 1998, to write all rules in
plain language. This means that each rule that the Commission publishes
must:
(a) Be logically organized;
(b) use the active voice to address readers directly;
(c) use clear language rather than jargon;
(d) be divided into short sections and sentences; and
(e) use lists and tables wherever possible.
Required Determinations Under the Administrative Procedure Act
In accordance with the Act, agencies are to annually adjust civil
monetary penalties without providing an opportunity for notice and
comment, and without a delay in its effective date. Therefore, the
Commission is not required to complete a notice and comment process
prior to promulgation.
List of Subjects in 25 CFR Part 575
Administrative practice and procedure, Gaming, Indian lands,
Penalties.
For the reasons set forth in the preamble, the Commission amends 25
CFR part 575 as follows:
PART 575--CIVIL FINES
0
1. The authority citation for part 575 continues to read as follows:
Authority: 25 U.S.C. 2705(a), 2706, 2713, 2715; and Sec. 701,
Pub. L. 114-74, 129 Stat. 599.
Sec. 575.4 [Amended]
0
2. Amend the introductory text of Sec. 575.4 by removing ``$53,524''
and adding in its place ``$54,157''.
Dated: January 15, 2021.
E. Sequoyah Simermeyer,
Chairman.
Kathryn Isom-Clause,
Vice Chair.
[FR Doc. 2021-01413 Filed 1-29-21; 8:45 am]
BILLING CODE 7565-01-P