Annual Adjustment of Civil Monetary Penalty To Reflect Inflation, 2879-2880 [2024-00793]

Download as PDF Federal Register / Vol. 89, No. 11 / Wednesday, January 17, 2024 / Rules and Regulations Issued in Washington, DC, on January 11, 2024. Frank Lias, Manager, Rules and Regulations Group. [FR Doc. 2024–00804 Filed 1–16–24; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration § 73.25 2. Section 73.25 is amended as follows: * * * * * [Docket No. FAA–2023–2220; Airspace Docket No. 23–AWP–59] RIN 2120–AA66 Amendment of Restricted Area R–2512 Holtville, CA; Correction Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule; correction. AGENCY: This action corrects a final rule that published in the Federal Register on November 16, 2023, that amends restricted area R–2512 in the vicinity of Holtville, CA. This action corrects a typographical error in that rule stating that incorrect section would be amended. DATES: Effective date 0901 UTC, January 25, 2024. ADDRESSES: A copy of the notice of proposed rulemaking (NPRM), all comments received, the final rule, this final rule correction, and all background material may be viewed online at www.regulations.gov using the FAA Docket number. Electronic retrieval help and guidelines are available on the website. It is available 24 hours each day, 365 days each year. FOR FURTHER INFORMATION CONTACT: Steven Roff, Rules and Regulations Group, Office of Policy, Federal Aviation Administration, 800 Independence Avenue SW, Washington, DC 20591; telephone: (202) 267–8783. SUPPLEMENTARY INFORMATION: SUMMARY: lotter on DSK11XQN23PROD with RULES1 History The FAA published a final rule in the Federal Register for Docket No. FAA– 2023–2220 (88 FR 78636; November 16, 2023), that amended restricted area R– 2512 in the vicinity of Holtville, CA. The section of 14 CFR part 73 to be amended by the final rule was incorrectly stated as § 73.22. The correct section of 14 CFR part 73 to be amended is § 73.25. This rule corrects this typographical error. 16:00 Jan 16, 2024 [Amended] ■ 14 CFR Part 73 VerDate Sep<11>2014 Correction to Final Rule In FR Doc. 2023–25347, appearing on page 78636, as published in the Federal Register of November 16, 2023, the FAA makes the following correction: ■ 1. On page 78637, in the second column, correct amendatory instruction 2 and the accompanying text to read as follows: Jkt 262001 R–2512 Holtville, CA [Amended] Boundaries. Beginning at lat. 33°05′00″ N, long. 115°17′33″ W; to lat. 33°00′00″ N, long. 115°13′33″ W; to lat. 32°51′00″ N, long. 115°05′33″ W; to lat. 32°51′00″ N, long. 115°17′03″ W; to lat. 32°58′00″ N, long. 115°17′33″ W; to lat. 33°05′00″ N, long. 115°20′03″ W; to the point of beginning. Designated altitudes. Surface to 23,000 feet MSL. Time of designation. 0600–2300 local time daily; other times by NOTAM 24 hours in advance. Controlling agency. FAA, Los Angeles ARTCC. Using Agency. U.S. Marine Corps, Commanding Officer, Marine Corps Air Station Yuma, Yuma, AZ. * * * * * Issued in Washington, DC, on January 11, 2024. Frank Lias, Manager, Airspace Rules and Regulations. [FR Doc. 2024–00805 Filed 1–16–24; 8:45 am] BILLING CODE 4910–13–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. ACTION: Final rule. AGENCY: 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 SUMMARY: PO 00000 Frm 00005 Fmt 4700 Sfmt 4700 2879 penalties whose associated violation predate the increase. DATES: Effective date: January 17, 2024. Applicability date: This rule is applicable beginning on January 15, 2024. 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: 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 fiscal year 2024 is 1.03241, based on the Consumer Price Index for the month of October 2023, 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 $61,983 per violation, against a tribe, management contractor, or individual operating Indian gaming for each notice of violation . . .’’). The 2024 adjusted level of the civil monetary penalty is $63,992 ($61,983 × 1.03241). 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. E:\FR\FM\17JAR1.SGM 17JAR1 2880 Federal Register / Vol. 89, No. 11 / Wednesday, January 17, 2024 / Rules and Regulations (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. lotter on DSK11XQN23PROD with RULES1 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 VerDate Sep<11>2014 16:00 Jan 16, 2024 Jkt 262001 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. PO 00000 Frm 00006 Fmt 4700 Sfmt 4700 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: ■ Authority: 25 U.S.C. 2705(a), 2706, 2713, 2715; and Sec. 701, Pub. L. 114–74, 129 Stat. 599. § 575.4 [Amended] 2. Amend the introductory text of § 575.4 by removing ‘‘$57,527’’ and adding in its place ‘‘$63,992’’. ■ E. Sequoyah Simermeyer, Chair, Jean C. Hovland, Vice Chair. [FR Doc. 2024–00793 Filed 1–16–24; 8:45 am] BILLING CODE 7565–01–P DEPARTMENT OF THE TREASURY Office of Foreign Assets Control 31 CFR Part 587 Publication of Russian Harmful Foreign Activities Sanctions Regulations Web General Licenses 81, 82, 83, 84, and 85 Office of Foreign Assets Control, Treasury. ACTION: Publication of Web General Licenses. AGENCY: The Department of the Treasury’s Office of Foreign Assets Control (OFAC) is publishing five general licenses (GLs) issued pursuant to the Russian Harmful Foreign Activities Sanctions Regulations: GLs 81, 82, 83, 84, and 85 each of which were previously made available on OFAC’s website. DATES: GLs 81 and 82 were issued on December 20, 2023, and GLs 83, 84, and 85 were issued on December 22, 2023. See SUPPLEMENTARY INFORMATION for additional relevant dates. FOR FURTHER INFORMATION CONTACT: OFAC: Assistant Director for Licensing, 202–622–2480; Assistant Director for Regulatory Affairs, 202–622–4855; or Assistant Director for Compliance, 202– 622–2490. SUPPLEMENTARY INFORMATION: SUMMARY: E:\FR\FM\17JAR1.SGM 17JAR1

Agencies

[Federal Register Volume 89, Number 11 (Wednesday, January 17, 2024)]
[Rules and Regulations]
[Pages 2879-2880]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-00793]


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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: 
    Effective date: January 17, 2024.
    Applicability date: This rule is applicable beginning on January 
15, 2024.

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 fiscal year 2024 is 1.03241, based on the 
Consumer Price Index for the month of October 2023, 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 $61,983 
per violation, against a tribe, management contractor, or individual 
operating Indian gaming for each notice of violation . . .''). The 2024 
adjusted level of the civil monetary penalty is $63,992 ($61,983 x 
1.03241).

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.

[[Page 2880]]

    (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.

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 ``$57,527'' 
and adding in its place ``$63,992''.

E. Sequoyah Simermeyer,
Chair,
Jean C. Hovland,
Vice Chair.
[FR Doc. 2024-00793 Filed 1-16-24; 8:45 am]
BILLING CODE 7565-01-P
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