Procedures for Disclosure of Records Pursuant to the Freedom of Information Act, 51234 [C1-2023-15512]

Download as PDF 51234 Federal Register / Vol. 88, No. 148 / Thursday, August 3, 2023 / Rules and Regulations ACTION: OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE Final rule. The U.S. Army Corps of Engineers (Corps) is issuing this final rule to adjust its civil monetary penalties (CMP) under the Rivers and Harbors Appropriation Act of 1922 (RHA), the Clean Water Act (CWA), and the National Fishing Enhancement Act (NFEA) to account for inflation. SUMMARY: 32 CFR Part 1700 Procedures for Disclosure of Records Pursuant to the Freedom of Information Act Correction In rule document 2023–15512, appearing on pages 48725 through 48731 in the issue of Friday, July 28, 2023, make the following correction: § 1700.9 This final rule is effective on August 3, 2023. DATES: On page 48730, in the second column, on the eighteenth line, ‘‘manual searches for records’’ should read, ‘‘(b) With regard to manual searches for records’’. ■ [FR Doc. C1–2023–15512 Filed 8–2–23; 8:45 am] BILLING CODE 0099–10–D DEPARTMENT OF DEFENSE The Federal Civil Penalties Inflation Adjustment Act of 1990, Public Law 101–410, codified at 28 U.S.C. 2461, note, as amended, requires agencies to annually adjust the level of CMP for inflation to improve their effectiveness and maintain their deterrent effect, as required by the Federal Civil Penalties Adjustment Act Improvements Act of 2015, Public Law 114–74, sec. 701, SUPPLEMENTARY INFORMATION: Department of the Army, Corps of Engineers 33 CFR Parts 207 and 326 RIN 0710–AB13 Civil Monetary Penalty Inflation Adjustment Rule AGENCY: For the RHA portion, please contact Mr. Paul Clouse at 202–761–4709 or by email at Paul.D.Clouse@usace.army.mil, or for the CWA and NFEA portion, please contact Mr. Matt Wilson 202– 761–5856 or by email at Matthew.S.Wilson@usace.army.mil or access the U.S. Army Corps of Engineers Regulatory Home Page at https:// www.usace.army.mil/Missions/CivilWorks/Regulatory-Program-andPermits/. FOR FURTHER INFORMATION CONTACT: Fees. [Corrected] U.S. Army Corps of Engineers, DoD. November 2, 2015 (‘‘Inflation Adjustment Act’’). With this rule, the new statutory maximum penalty levels listed in Table 1 will apply to all statutory civil penalties assessed on or after the effective date of this rule. Table 1 shows the calculation of the 2023 annual inflation adjustment based on the guidance provided by the Office of Management and Budget (OMB) (see December 15, 2022, Memorandum for the Heads of Executive Departments and Agencies, Subject: Implementation of Penalty Inflation Adjustments for 2023, Pursuant to the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015). The OMB provided to agencies the cost-of-living adjustment multiplier for 2023, based on the Consumer Price Index for All Urban Consumers (CPI–U) for the month of October 2022, not seasonally adjusted, which is 1.07745. Agencies are to adjust ‘‘the maximum civil monetary penalty or the range of minimum and maximum civil monetary penalties, as applicable, for each civil monetary penalty by the cost-of-living adjustment.’’ For 2023, agencies multiply each applicable penalty by the multiplier, 1.07745, and round to the nearest dollar. The multiplier should be applied to the most recent penalty amount, i.e., the one that includes the 2022 annual inflation adjustment. TABLE 1 Civil Monetary Penalty (CMP) amount established by law 2022 CMP amount in effect prior to this rulemaking Rivers and Harbors Act of 1922 (33 U.S.C. 555). CWA, 33 U.S.C. 1319(g)(2)(A) ......... $2,500 per violation ........................ $6,270 per violation ........................ 1.07745 $6,756 per violation. $10,000 per violation, with a maximum of $25,000. Maximum of $25,000 per day for each violation. Maximum of $10,000 per violation $23,990 per violation, with a maximum of $59,974. Maximum of $59,974 per day for each violation. Maximum of $26,269 per violation 1.07745 $25,848 per violation, with a maximum of $64,619. Maximum of $64,619 per day for each violation. Maximum of $28,304 per violation. CWA, 33 U.S.C. 1344(s)(4) .............. National Fishing Enhancement Act, 33 U.S.C. 2104(e). ddrumheller on DSK120RN23PROD with RULES1 2022 Inflation adjustment multiplier Citation Section 4 of the Inflation Adjustment Act directs federal agencies to publish annual penalty inflation adjustments. In accordance with section 553 of the Administrative Procedures Act (APA), many rules are subject to notice and comment and are effective no earlier than 30 days after publication in the Federal Register. Section 4(b)(2) of the Inflation Adjustment Act further provides that each agency shall make the annual inflation adjustments ‘‘notwithstanding section 553’’ of the APA. According to the December 2022 OMB guidance issued to Federal agencies on the implementation of the VerDate Sep<11>2014 16:48 Aug 02, 2023 Jkt 259001 2023 annual adjustment, the phrase ‘‘notwithstanding section 553’’ means that, ‘‘the public procedure the APA generally requires—notice, an opportunity for comment, and a delay in effective date—is not required for agencies to issue regulations implementing the annual adjustment.’’ Consistent with the language of the Inflation Adjustment Act and OMB’s implementation guidance, this rule is not subject to notice and opportunity for public comment or a delay in effective date. This rule adjusts the value of current statutory civil penalties to reflect and keep pace with the levels PO 00000 Frm 00026 Fmt 4700 Sfmt 4700 1.07745 1.07745 CMP Amount as of August 3, 2023 originally set by Congress when the statutes were enacted, as required by the Inflation Adjustment Act. This rule will apply prospectively to penalty assessments beginning on the effective date of this final rule. Regulatory Procedures Plain Language In compliance with the principles in the President’s Memorandum of June 1, 1998, regarding plain language, this preamble is written using plain language. The use of ‘‘we’’ in this notice refers to the Corps and the use of ‘‘you’’ refers to the reader. We have also used E:\FR\FM\03AUR1.SGM 03AUR1

Agencies

[Federal Register Volume 88, Number 148 (Thursday, August 3, 2023)]
[Rules and Regulations]
[Page 51234]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: C1-2023-15512]



[[Page 51234]]

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OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE

32 CFR Part 1700


Procedures for Disclosure of Records Pursuant to the Freedom of 
Information Act

Correction

    In rule document 2023-15512, appearing on pages 48725 through 48731 
in the issue of Friday, July 28, 2023, make the following correction:


Sec.  1700.9  Fees. [Corrected]

0
On page 48730, in the second column, on the eighteenth line, ``manual 
searches for records'' should read, ``(b) With regard to manual 
searches for records''.

[FR Doc. C1-2023-15512 Filed 8-2-23; 8:45 am]
BILLING CODE 0099-10-D
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