Civil Penalties; 2023 Inflation Adjustments for Civil Monetary Penalties, 5796-5798 [2023-01726]
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Federal Register / Vol. 88, No. 19 / Monday, January 30, 2023 / Rules and Regulations
ii. In the second sentence, remove the
words ‘‘telephone number’’ and add in
their place ‘‘contact information’’;
■ iii. Remove the phrase ‘‘OSM’s’’ and
add in its place, ‘‘OSMRE’s’ field
offices’ contact information is provided
in the OHA Standing Orders on Contact
Information’’;
■ iv. Remove the list of undesignated
field offices following paragraph (b)(2);
and
■ c. In paragraph (b)(3), remove ‘‘OHA’’
and add in its place ‘‘the Hearings
Division’’.
■
§ 4.1282
[Amended]
52. In § 4.1282, in paragraph (a),
remove the words ‘‘801 N Quincy Street,
Arlington, Va. 22203,’’.
■
§ 4.1301
[Amended]
§ 4.1391
[Amended]
61. In § 4.1391, in paragraph (a),
remove ‘‘, 801 N Quincy Street, Suite
300, Arlington, VA 22203 (telephone
703–235–3800)’’.
■
Subpart M—Special Procedural Rules
Applicable to Appeals of Decisions
Made Under OMB Circular A–76
§ 4.1604
[Amended]
62. In § 4.1604 remove the phrase ‘‘,
801 N Quincy Street, Arlington, VA
22203’’.
This action is taken pursuant to
delegated authority.
■
Joan M. Mooney,
Principal Deputy Assistant Secretary Policy,
Management and Budget.
[FR Doc. 2023–00990 Filed 1–27–23; 8:45 am]
BILLING CODE 4334–63–P
53. In § 4.1301, remove ‘‘, 801 North
Quincy Street, Arlington, Virginia
22203. Phone: 703–235–3800’.
■
§ 4.1352
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[Amended]
50 CFR Part 11
54. In § 4.1352, in paragraph (b),
remove ‘‘801 N Quincy Street, Suite
300, Arlington, Virginia 22203
(telephone 703–235–3800),’’.
■
§ 4.1362
[Docket No. FWS–HQ–LE–2022–0176;
FF09L00200–FX–LE12200900000]
RIN 1018–BG74
[Amended]
55. In § 4.1362, in paragraph (a),
remove ‘‘, 801 North Quincy Street,
Arlington, Virginia 22203 (phone 703–
235–3800),’’.
■
§ 4.1367
[Amended]
56. In § 4.1367, in paragraph (b),
remove ‘‘, 801 North Quincy Street,
Arlington, Virginia 22203 (phone 703–
235–3800),’’.
■
§ 4.1371
[Amended]
57. In § 4.1371, in paragraph (a),
remove ‘‘, 801 N Quincy Street, Suite
300, Arlington, Virginia 22203
(telephone 703–235–3800)’’.
■
§ 4.1376
[Amended]
58. In § 4.1376, in paragraph (b),
remove ‘‘, 801 North Quincy Street,
Arlington, Virginia 22203 (Telephone
703–235–3800)’’.
■
§ 4.1381
[Amended]
59. In § 4.1381, in paragraph (a),
remove ‘‘, 801 N Quincy Street, Suite
300, Arlington, Virginia 22203
(telephone 703–235–3800)’’.
lotter on DSK11XQN23PROD with RULES1
■
§ 4.1386
[Amended]
60. In § 4.1386, in paragraph (b),
remove ‘‘, 801 North Quincy Street,
Arlington, Virginia 22203 (Telephone
703–235–3800)’’.
■
VerDate Sep<11>2014
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Civil Penalties; 2023 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 2023 inflation adjustment multiplier
provided in the OMB guidance.
DATES: This rule is effective January 30,
2023.
ADDRESSES: This rule may be found on
the internet at https://
www.regulations.gov in Docket No.
FWS–HQ–LE–2022–0176.
FOR FURTHER INFORMATION CONTACT:
Douglas Ault, Special Agent in Charge,
SUMMARY:
PO 00000
Frm 00076
Fmt 4700
Sfmt 4700
Headquarters Investigations Unit, U.S.
Fish and Wildlife Service, Office of Law
Enforcement, (703) 358–2290.
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
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;
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Federal Register / Vol. 88, No. 19 / Monday, January 30, 2023 / Rules and Regulations
• 85 FR 10310, February 24, 2020;
• 86 FR 15427, March 23, 2021; and
• 87 FR 13948, March 11, 2022.
This final rule adjusts the civil
monetary penalty amounts that were
listed in the 2022 final rule and
subsequently codified at 50 CFR 11.33
by using the 2023 inflation multiplier
provided to all Federal agencies by
OMB (see below).
OMB issued a memorandum, M–23–
05, entitled ‘‘Implementation of Penalty
Inflation Adjustments for 2023,
Pursuant to the Federal Civil Penalties
Inflation Adjustment Act Improvements
Act of 2015,’’ which provides the costof-living adjustment multiplier for 2023:
1.07745. Therefore, we multiplied each
penalty in the table in 50 CFR 11.33 by
1.07745 to obtain the 2023 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.
lotter on DSK11XQN23PROD with RULES1
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 11, 2022, final rule (87 FR 13948)
is merely ministerial, we find that prepublication notice and public comment
with respect to the revisions set forth in
this rule is unnecessary. We also believe
that we have good cause under 5 U.S.C.
553(d) to make this rule effective upon
publication to meet the statutory
deadline imposed by the Inflation
Adjustment Act.
List of Subjects in 50 CFR Part 11
Administrative practice and
procedure, Exports, Fish, Imports,
Penalties, Plants, Transportation,
Wildlife.
Regulation Promulgation
For the reasons described above, we
amend part 11, subchapter B of chapter
I, title 50 of the Code of Federal
Regulations as set forth below.
PART 11—CIVIL PROCEDURES
1. The authority citation for part 11
continues to read as follows:
■
Authority: 16 U.S.C. 470aa–470mm,
470aaa–470aaa-11, 668–668d, 1361–1384,
1401–1407, 1531–1544, 3371–3378, 4201–
4245, 4901–4916, 5201–5207, 5301–5306; 18
U.S.C. 42–43; 25 U.S.C. 3001–3013; and Sec.
107, Pub. L. 114–74, 129 Stat. 599, unless
otherwise noted.
2. Amend § 11.33 by revising
paragraphs (a) through (h) in the table
to read as follows:
■
§ 11.33
*
*
Adjustments to penalties.
*
*
*
Maximum
civil
monetary
penalty
Law
Citation
Type of violation
(a) African Elephant Conservation Act ....
(b) Bald and Golden Eagle Protection
Act.
(c) Endangered Species Act of 1973 ......
16 U.S.C. 4224(b) ...................................
16 U.S.C. 668(b) .....................................
Any violation ............................................
Any violation ............................................
$12,397
15,662
16 U.S.C. 1540(a)(1) ...............................
(d) Lacey Act Amendments of 1981 .......
16 U.S.C. 3373(a) ...................................
61,982
29,751
1,566
31,326
783
(e) Marine Mammal Protection Act of
1972.
(f) Recreational Hunting Safety Act of
1994.
16 U.S.C. 1375 ........................................
(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 ............................................
(g) Rhinoceros and Tiger Conservation
Act of 1998.
16 U.S.C. 5305a(b)(2) .............................
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16 U.S.C. 5202(b) ...................................
PO 00000
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Fmt 4700
Sfmt 4700
(1) Violation involving use of force or violence or threatened use of force or violence.
(2) Any other violation .............................
Any violation ............................................
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31,326
19,933
9,966
21,805
5798
Federal Register / Vol. 88, No. 19 / Monday, January 30, 2023 / Rules and Regulations
Law
Citation
Type of violation
(h) Wild Bird Conservation Act ................
16 U.S.C. 4912(a)(1) ...............................
(1) Violation of section 4910(a)(1), section 4910(a)(2), or any permit issued
under section 4911.
(2) Violation of section 4910(a)(3) ..........
(3) Any other violation .............................
Shannon A. Estenoz,
Assistant Secretary for Fish and Wildlife and
Parks.
[FR Doc. 2023–01726 Filed 1–27–23; 8:45 am]
BILLING CODE 4333–15–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 220216–0049; RTID 0648–
XC717]
Fisheries of the Exclusive Economic
Zone Off Alaska; Pacific Cod by
Catcher Vessels Using Trawl Gear in
the Western Regulatory Area of the
Gulf of Alaska
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; modification of
a closure; request for comments.
AGENCY:
NMFS is opening directed
fishing for Pacific cod by catcher vessels
using trawl gear in the Western
Regulatory Area of the Gulf of Alaska
(GOA). This action is necessary to fully
use the A season allowance of the 2023
total allowable catch of Pacific cod
allocated to catcher vessels using trawl
gear in the Western Regulatory Area of
the GOA.
DATES: Effective 1200 hours, Alaska
local time (A.l.t.), January 28, 2023,
through 2400 hours, A.l.t., December 31,
2023. Comments must be received at the
following address no later than 4:30
p.m., A.l.t., February 14, 2023.
ADDRESSES: You may submit comments
on this document, identified by docket
number NOAA–NMFS–2022–0094, by
any of the following methods:
Electronic Submission: Submit all
electronic public comments via the
Federal e-Rulemaking Portal. Go to
https://www.regulations.gov and enter
lotter on DSK11XQN23PROD with RULES1
SUMMARY:
VerDate Sep<11>2014
16:22 Jan 27, 2023
Jkt 259001
NOAA–NMFS–2022–0094 in the Search
box. Click on the ‘‘Comment’’ icon,
complete the required fields, and enter
or attach your comments.
Mail: Submit written comments to
Gretchen Harrington, Assistant Regional
Administrator, Sustainable Fisheries
Division, Alaska Region NMFS. Mail
comments to P.O. Box 21668, Juneau,
AK 99802–1668.
Instructions: Comments sent by any
other method, to any other address or
individual, or received after the end of
the comment period, may not be
considered by NMFS. All comments
received are a part of the public record
and will generally be posted for public
viewing on www.regulations.gov
without change. All personal identifying
information (e.g., name, address, etc.),
confidential business information, or
otherwise sensitive information
submitted voluntarily by the sender will
be publicly accessible. NMFS will
accept anonymous comments (enter ‘‘N/
A’’ in the required fields if you wish to
remain anonymous).
FOR FURTHER INFORMATION CONTACT:
Obren Davis, 907–586–7228.
SUPPLEMENTARY INFORMATION: NMFS
manages the groundfish fishery in the
GOA exclusive economic zone
according to the Fishery Management
Plan for Groundfish of the Gulf of
Alaska (FMP) prepared by the North
Pacific Fishery Management Council
under authority of the MagnusonStevens Fishery Conservation and
Management Act. Regulations governing
fishing by U.S. vessels in accordance
with the FMP appear at subpart H of 50
CFR part 600 and 50 CFR part 679.
NMFS closed directed fishing for
Pacific cod by catcher vessels using
trawl gear in the Western Regulatory
Area of the GOA on January 22, 2023
(88 FR 4089, January 24, 2023). NMFS
has determined that as of January 24,
2023, approximately 1,300 metric tons
of Pacific cod remain in the A season
allowance of the 2023 Pacific cod
apportionment for catcher vessels using
trawl gear in the Western Regulatory
PO 00000
Frm 00078
Fmt 4700
Sfmt 4700
Maximum
civil
monetary
penalty
52,540
25,218
1,052
Area of the GOA. Therefore, in
accordance with § 679.25(a)(1)(i),
(a)(2)(i)(C), and (a)(2)(iii)(D), and to fully
use the A season allowance of the 2023
total allowable catch (TAC) of Pacific
cod allocated to catcher vessels using
trawl gear in the Western Regulatory
Area of the GOA, NMFS is terminating
the previous closure and is opening
directed fishing for Pacific cod by
catcher vessels using trawl gear in the
Western Regulatory Area of the GOA.
The Administrator, Alaska Region,
NMFS, (Regional Administrator)
considered the following factors in
reaching this decision: (1) the current
catch of Pacific cod by catcher vessels
using trawl gear in the Western
Regulatory Area of the GOA and, (2) the
harvest capacity and stated intent on
future harvesting patterns of vessels in
participating in this fishery.
Classification
NMFS issues this action pursuant to
section 305(d) of the Magnuson-Stevens
Act. This action is required by 50 CFR
part 679, which was issued pursuant to
section 304(b), and is exempt from
review under Executive Order 12866.
Pursuant to 5 U.S.C. 553(b)(B), there
is good cause to waive prior notice and
an opportunity for public comment on
this action, as notice and comment
would be impracticable and contrary to
the public interest, as it would prevent
NMFS from responding to the most
recent fisheries data in a timely fashion,
and would delay the opening of directed
fishing for Pacific cod by catcher vessels
using trawl gear in the Western
Regulatory Area of the GOA. NMFS was
unable to publish a notice providing
time for public comment because the
most recent, relevant data only became
available as of January 24, 2023.
The Assistant Administrator for
Fisheries, NOAA also finds good cause
to waive the 30-day delay in the
effective date of this action under 5
U.S.C. 553(d)(3). This finding is based
upon the reasons provided above for
waiver of prior notice.
E:\FR\FM\30JAR1.SGM
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]]>Agencies
[Federal Register Volume 88, Number 19 (Monday, January 30, 2023)]
[Rules and Regulations]
[Pages 5796-5798]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-01726]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 11
[Docket No. FWS-HQ-LE-2022-0176; FF09L00200-FX-LE12200900000]
RIN 1018-BG74
Civil Penalties; 2023 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 2023 inflation
adjustment multiplier provided in the OMB guidance.
DATES: This rule is effective January 30, 2023.
ADDRESSES: This rule may be found on the internet at https://www.regulations.gov in Docket No. FWS-HQ-LE-2022-0176.
FOR FURTHER INFORMATION CONTACT: Douglas Ault, Special Agent in Charge,
Headquarters Investigations Unit, U.S. Fish and Wildlife Service,
Office of Law Enforcement, (703) 358-2290. 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;
[[Page 5797]]
85 FR 10310, February 24, 2020;
86 FR 15427, March 23, 2021; and
87 FR 13948, March 11, 2022.
This final rule adjusts the civil monetary penalty amounts that
were listed in the 2022 final rule and subsequently codified at 50 CFR
11.33 by using the 2023 inflation multiplier provided to all Federal
agencies by OMB (see below).
OMB issued a memorandum, M-23-05, entitled ``Implementation of
Penalty Inflation Adjustments for 2023, Pursuant to the Federal Civil
Penalties Inflation Adjustment Act Improvements Act of 2015,'' which
provides the cost-of-living adjustment multiplier for 2023: 1.07745.
Therefore, we multiplied each penalty in the table in 50 CFR 11.33 by
1.07745 to obtain the 2023 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 11, 2022, final
rule (87 FR 13948) 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. Amend Sec. 11.33 by revising paragraphs (a) through (h) in the
table to read as follows:
Sec. 11.33 Adjustments to penalties.
* * * * *
----------------------------------------------------------------------------------------------------------------
Maximum civil
Law Citation Type of violation monetary
penalty
----------------------------------------------------------------------------------------------------------------
(a) African Elephant Conservation Act... 16 U.S.C. 4224(b)......... Any violation............. $12,397
(b) Bald and Golden Eagle Protection Act 16 U.S.C. 668(b).......... Any violation............. 15,662
(c) Endangered Species Act of 1973...... 16 U.S.C. 1540(a)(1)...... (1) Knowing violation of 61,982
section 1538. 29,751
(2) Other knowing 1,566
violation.
(3) Any other violation...
(d) Lacey Act Amendments of 1981........ 16 U.S.C. 3373(a)......... (1) Violations referred to 31,326
in 16 U.S.C. 3373(a)(1). 783
(2) Violations referred to
in 16 U.S.C. 3373(a)(2).
(e) Marine Mammal Protection Act of 1972 16 U.S.C. 1375............ Any violation............. 31,326
(f) Recreational Hunting Safety Act of 16 U.S.C. 5202(b)......... (1) Violation involving 19,933
1994. use of force or violence 9,966
or threatened use of
force or violence.
(2) Any other violation...
(g) Rhinoceros and Tiger Conservation 16 U.S.C. 5305a(b)(2)..... Any violation............. 21,805
Act of 1998.
[[Page 5798]]
(h) Wild Bird Conservation Act.......... 16 U.S.C. 4912(a)(1)...... (1) Violation of section 52,540
4910(a)(1), section 25,218
4910(a)(2), or any permit 1,052
issued under section 4911.
(2) Violation of section
4910(a)(3).
(3) Any other violation...
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Shannon A. Estenoz,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 2023-01726 Filed 1-27-23; 8:45 am]
BILLING CODE 4333-15-P
