Civil Penalties; 2022 Inflation Adjustments for Civil Monetary Penalties, 13948-13950 [2022-05134]
Download as PDF
<![CDATA[
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]
=======================================================================
-----------------------------------------------------------------------
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
