Civil Penalties; 2022 Inflation Adjustments for Civil Monetary Penalties, 13948-13950 [2022-05134]

Download as PDF 13948 Federal Register / Vol. 87, No. 48 / Friday, March 11, 2022 / Rules and Regulations § 180.940 Tolerance exemptions for active and inert ingredients for use in antimicrobial formulations (Food-contact surface sanitizing solutions) * * * * (a) * * * * TABLE 1 TO PARAGRAPH (a) Inert ingredients CAS Reg. No. * * Calcium Sulfate ........................ * 7778–18–9 ............................... * * * * * * * BILLING CODE 6560–50–P FEDERAL COMMUNICATIONS COMMISSION [WC Docket Nos. 18–143, 10–90, 14–58; FCC 19–95; FRS 75184] The Uniendo a Puerto Rico Fund and the Connect USVI Fund, Connect America Fund, ETC Annual Reports and Certifications; Correction Federal Communications Commission. ACTION: Correcting amendment. lotter on DSK11XQN23PROD with RULES1 Communications common carriers, Health facilities, Infants and children, internet, Libraries, Reporting and recordkeeping requirements, Schools, Telecommunications, Telephone. Accordingly, 47 CFR part 54 is corrected by making the following correcting amendment: 1. The authority citation for part 54 continues to read as follows: ■ This document corrects an error in the regulatory text of a Federal Register document that took major steps to promote the deployment of advanced, hardened networks in the Territories by allocating nearly a billion dollars in Federal universal service support in Puerto Rico and the U.S. Virgin Islands. The summary was published in the Federal Register on November 7, 2019, and this document corrects the final regulations in that document. DATES: Effective March 11, 2022. FOR FURTHER INFORMATION CONTACT: Jesse Jachman, Wireline Competition Bureau, (202) 418–7400. SUPPLEMENTARY INFORMATION: This summary contains a correction to the regulatory text of a Federal Register document, 84 FR 59937, November 7, 2019. The full text of the Federal Communications Commission’s (Commission or FCC) Report and Order and Order on Reconsideration in WC Docket Nos. 18–143, 10–90, 14–58; FCC 19–95, released on September 30, 2019, is available for public inspection during regular business hours in the FCC Reference Center, 45 L Street NE, Washington, DC 20554. See also the Commission’s notification of intent to Jkt 256001 * PART 54—UNIVERSAL SERVICE AGENCY: 16:15 Mar 10, 2022 * List of Subjects in 47 CFR Part 54 47 CFR Part 54 VerDate Sep<11>2014 * * * * When ready for use, the end-use concentration is not to exceed 100 ppm. correct published at 85 FR 78814, December 7, 2020, and the announcement of effective date published at 87 FR 9453, February 22, 2022. * [FR Doc. 2022–05213 Filed 3–10–22; 8:45 am] SUMMARY: Limits Authority: 47 U.S.C. 151, 154(i), 155, 201, 205, 214, 219, 220, 229, 254, 303(r), 403, 1004, 1302, and 1601–1609, unless otherwise noted. 2. In § 54.316, revise paragraph (b)(7) to read as follows: ■ § 54.316 Broadband deployment reporting and certification requirements for high-cost recipients. * * * * * (b) * * * (7) Recipients of Uniendo a Puerto Rico Fund Stage 2 fixed and Connect USVI Fund fixed Stage 2 fixed support shall provide: On an annual basis by the last business day of the second calendar month following each service milestone in § 54.1506, a certification that by the end of the prior support year, it was offering broadband meeting the requisite public interest obligations specified in § 54.1507 to the required percentage of its supported locations in Puerto Rico and the U.S. Virgin Islands as set forth in § 54.1506. The annual certification shall quantify the carrier’s progress toward or, as applicable, completion of deployment in accordance with the resilience and redundancy commitments in its application and in accordance with the detailed network PO 00000 Frm 00048 Fmt 4700 Sfmt 4700 * * plan it submitted to the Wireline Competition Bureau. * * * * * Federal Communications Commission. Marlene Dortch, Secretary. [FR Doc. 2022–05116 Filed 3–10–22; 8:45 am] BILLING CODE 6712–01–P DEPARTMENT OF THE INTERIOR Fish and Wildlife Service 50 CFR Part 11 [Docket No. FWS–HQ–LE–2022–0004; FF09L00200–FX–LE12200900000] RIN 1018–BF67 Civil Penalties; 2022 Inflation Adjustments for Civil Monetary Penalties Fish and Wildlife Service, Interior. ACTION: Final rule. AGENCY: 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 2022 inflation adjustment multiplier provided in the OMB guidance. DATES: This rule is March 11, 2022. ADDRESSES: This rule may be found on the internet at https:// SUMMARY: E:\FR\FM\11MRR1.SGM 11MRR1 Federal Register / Vol. 87, No. 48 / Friday, March 11, 2022 / Rules and Regulations lotter on DSK11XQN23PROD with RULES1 www.regulations.gov in Docket No. FWS–HQ–LE–2022–0004. FOR FURTHER INFORMATION CONTACT: Victoria Owens, Special Agent in Charge, Branch of Investigations, U.S. Fish and Wildlife Service, Office of Law Enforcement, (703) 358–1949. Individuals in the United States who are deaf, deafblind, hard of hearing, or have a speech disability may dial 711 (TTY, TDD, or TeleBraille) to access telecommunications relay services. Individuals outside the United States should use the relay services offered within their country to make international calls to the point-ofcontact in the United States. 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) required 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 has published final rules every year thereafter, further adjusting the civil VerDate Sep<11>2014 16:15 Mar 10, 2022 Jkt 256001 penalty amounts in 50 CFR 11.33 per OMB guidance: • 82 FR 6307, January 19, 2017; • 83 FR 5950, February 12, 2018; • 84 FR 15525, April 16, 2019; • 85 FR 10310, February 24, 2020; and • 86 FR 15427, March 23, 2021. This final rule adjusts the civil monetary penalty amounts that were listed in the 2021 final rule and subsequently codified at 50 CFR 11.33 by using the 2022 inflation multiplier provided to all Federal agencies by OMB (see below). OMB issued a memorandum, M–22– 07, entitled ‘‘Implementation of Penalty Inflation Adjustments for 2022, Pursuant to the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015,’’ which provides the costof-living adjustment multiplier for 2022: 1.06222. Therefore, we multiplied each penalty in the table in 50 CFR 11.33 by 1.06222 to obtain the 2022 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 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 Frm 00049 Fmt 4700 Sfmt 4700 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 March 23, 2021, final rule (86 FR 15427) 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 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 PO 00000 13949 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. Revise the table in § 11.33 to read as follows: ■ § 11.33 * E:\FR\FM\11MRR1.SGM * Adjustments to penalties. * 11MRR1 * * 13950 Federal Register / Vol. 87, No. 48 / Friday, March 11, 2022 / Rules and Regulations 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) ............ 16 U.S.C. 1540(a)(1) ..... (d) Lacey Act Amendments of 1981 ...................... 16 U.S.C. 3373(a) .......... (e) Marine Mammal Protection Act of 1972 ........... (f) Recreational Hunting Safety Act of 1994 .......... 16 U.S.C. 1375 .............. 16 U.S.C. 5202(b) .......... $11,506 14,536 57,527 27,612 1,453 29,074 727 29,074 18,500 9,250 (g) Rhinoceros and Tiger Conservation Act of 1998. (h) Wild Bird Conservation Act ............................... 16 U.S.C. 5305a(b)(2) ... Any violation ........................................................... Any violation ........................................................... (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 ........................................................... (1) Violation involving use of force or violence or threatened use of force or violence. (2) Any other violation ............................................ Any violation ........................................................... (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 ............................................ 48,763 16 U.S.C. 4912(a)(1) ..... Shannon Estenoz, Assistant Secretary for Fish and Wildlife and Parks. [FR Doc. 2022–05134 Filed 3–10–22; 8:45 am] BILLING CODE 4333–15–P lotter on DSK11XQN23PROD with RULES1 Maximum civil monetary penalty Law VerDate Sep<11>2014 16:15 Mar 10, 2022 Jkt 256001 PO 00000 Frm 00050 Fmt 4700 Sfmt 9990 E:\FR\FM\11MRR1.SGM 11MRR1 20,238 23,405 976

Agencies

[Federal Register Volume 87, Number 48 (Friday, March 11, 2022)]
[Rules and Regulations]
[Pages 13948-13950]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-05134]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 11

[Docket No. FWS-HQ-LE-2022-0004; FF09L00200-FX-LE12200900000]
RIN 1018-BF67


Civil Penalties; 2022 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 2022 inflation 
adjustment multiplier provided in the OMB guidance.

DATES: This rule is March 11, 2022.

ADDRESSES: This rule may be found on the internet at https://

[[Page 13949]]

www.regulations.gov in Docket No. FWS-HQ-LE-2022-0004.

FOR FURTHER INFORMATION CONTACT: Victoria Owens, Special Agent in 
Charge, Branch of Investigations, U.S. Fish and Wildlife Service, 
Office of Law Enforcement, (703) 358-1949. Individuals in the United 
States who are deaf, deafblind, hard of hearing, or have a speech 
disability may dial 711 (TTY, TDD, or TeleBraille) to access 
telecommunications relay services. Individuals outside the United 
States should use the relay services offered within their country to 
make international calls to the point-of-contact in the United States.

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) 
required 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 has published final rules every year thereafter, further 
adjusting the civil penalty amounts in 50 CFR 11.33 per OMB guidance:
     82 FR 6307, January 19, 2017;
     83 FR 5950, February 12, 2018;
     84 FR 15525, April 16, 2019;
     85 FR 10310, February 24, 2020; and
     86 FR 15427, March 23, 2021.
    This final rule adjusts the civil monetary penalty amounts that 
were listed in the 2021 final rule and subsequently codified at 50 CFR 
11.33 by using the 2022 inflation multiplier provided to all Federal 
agencies by OMB (see below).
    OMB issued a memorandum, M-22-07, entitled ``Implementation of 
Penalty Inflation Adjustments for 2022, Pursuant to the Federal Civil 
Penalties Inflation Adjustment Act Improvements Act of 2015,'' which 
provides the cost-of-living adjustment multiplier for 2022: 1.06222. 
Therefore, we multiplied each penalty in the table in 50 CFR 11.33 by 
1.06222 to obtain the 2022 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

    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 March 23, 2021, final 
rule (86 FR 15427) 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. Revise the table in Sec.  11.33 to read as follows:


Sec.  11.33   Adjustments to penalties.

* * * * *

[[Page 13950]]



----------------------------------------------------------------------------------------------------------------
                                                                                                       Maximum
                                                                                                        civil
                  Law                             Citation                  Type of violation          monetary
                                                                                                       penalty
----------------------------------------------------------------------------------------------------------------
(a) African Elephant Conservation Act..  16 U.S.C. 4224(b).........  Any violation.................      $11,506
(b) Bald and Golden Eagle Protection     16 U.S.C. 668(b)..........  Any violation.................       14,536
 Act.
(c) Endangered Species Act of 1973.....  16 U.S.C. 1540(a)(1)......  (1) Knowing violation of             57,527
                                                                      section 1538.                       27,612
                                                                     (2) Other knowing violation...
                                                                     (3) Any other violation.......        1,453
(d) Lacey Act Amendments of 1981.......  16 U.S.C. 3373(a).........  (1) Violations referred to in        29,074
                                                                      16 U.S.C. 3373(a)(1).                  727
                                                                     (2) Violations referred to in
                                                                      16 U.S.C. 3373(a)(2).
(e) Marine Mammal Protection Act of      16 U.S.C. 1375............  Any violation.................       29,074
 1972.
(f) Recreational Hunting Safety Act of   16 U.S.C. 5202(b).........  (1) Violation involving use of       18,500
 1994.                                                                force or violence or                 9,250
                                                                      threatened use of force or
                                                                      violence.
                                                                     (2) Any other violation.......
(g) Rhinoceros and Tiger Conservation    16 U.S.C. 5305a(b)(2).....  Any violation.................       20,238
 Act of 1998.
(h) Wild Bird Conservation Act.........  16 U.S.C. 4912(a)(1)......  (1) Violation of section             48,763
                                                                      4910(a)(1), section
                                                                      4910(a)(2), or any permit
                                                                      issued under section 4911.
                                                                     (2) Violation of section             23,405
                                                                      4910(a)(3).
                                                                     (3) Any other violation.......          976
----------------------------------------------------------------------------------------------------------------


Shannon Estenoz,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 2022-05134 Filed 3-10-22; 8:45 am]
BILLING CODE 4333-15-P