Antarctic Conservation Act of 1978; civil monetary penalties; inflation adjustment,

[Federal Register: June 16, 1998 (Volume 63, Number 115)]

[Rules and Regulations]

[Page 32761-32762]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr16jn98-24]

NATIONAL SCIENCE FOUNDATION

45 CFR Part 672

Antarctic Conservation Act of 1978, Civil Monetary Penalties

AGENCY: National Science Foundation.

[[Page 32762]]

ACTION: Final rule with a request for comments.

SUMMARY: The National Science Foundation (NSF) is revising its inflation adjustments of civil monetary penalties that may be imposed for inadvertent and deliberate violations of the Antarctic Conservation Act of 1978 because a procedural error prevented the original adjustments from taking effect.

DATES: This rule is effective July 16, 1998.

Comments, however, are welcome at any time and will be considered in making future revisions.

ADDRESSES: All comments should be addressed to: John Chester, Assistant General Counsel, Office of the General Counsel, Room 1265, National Science Foundation, 4201 Wilson Boulevard, Arlington, VA 22230.

FOR FURTHER INFORMATION CONTACT: John Chester on (703) 306-1060 (voice) and (703) 306-0149 (facsimile)--those are not toll-free numbers--or by electronic mail as jchester@nsf.gov through INTERNET.

SUPPLEMENTARY INFORMATION: The Federal Civil Penalties Inflation Adjustment Act of 1990 (104 Stat. 890; 28 U.S.C. 2461 note) as amended by the Debt Collection Improvement Act of 1996 (section 31001(s)(1) of the Omnibus Consolidated Rescissions and Appropriations Act of 1996, Pub. L. 104-134, approved 4/26/96) directs each Federal agency to adjust, by regulation, each civil monetary penalty provided by law within the jurisdiction of that agency to compensate for the effects of inflation. The only civil monetary penalties within the jurisdiction of the National Science Foundation are those imposed for violations of the Antarctic Conservation Act of 1978 (16 U.S.C. 2401 et seq.). On November 20, 1996 NSF published an amendment to its rules governing enforcement of that law adding a new section setting out the penalties for inadvertent and deliberate violations and adjusting those penalties for inflation as provided in the Debt Collection Improvement Act. Unfortunately, NSF did not submit that amendment to the Congress and Comptroller General as required by section 801(a) of title 5 of the United States Code and therefore it did not take effect. This rule, which will be submitted to Congress and GAO as soon as it is published, replaces the 1996 one.

Because section 31001(s)(2) of the Omnibus Consolidated Rescissions and Appropriations Act of 1996 provides that the first adjustment of a civil monetary penalty made pursuant to its amendment to the Debt Collection Improvement Act ``may not exceed 10 percent of such penalty'', the Foundation is adjusting these penalties in two steps: a 10 percent increase effective on August 1, 1998 and an increase to the full amount called for in the amended Debt Collection Improvement Act on August 1, 1999. The latter adjustment takes into account inflation through June 1997, rather than June 1995 as in the 1996 adjustment. Future adjustments will be made at least once every four years as called for in the amended Debt Collection Improvement Act.

Because this action merely makes adjustments required by statute, public comments were not solicited prior to its issuance.

Required determinations

Executive Order 12612--Federalism

This final rule will not have a substantial effect on the States, on the relationship between the national government and the states, or the distribution of power and responsibilities among the various levels of government. Thus, in accordance with Executive Order 12612, preparation of a Federalism assessment is not warranted.

Executive Order 12866--Regulatory Planning and Review

I have determined, under the criteria set forth in Executive Order 12866, that this rule is not a significant regulatory action requiring review by the Office of Information and Regulatory Affairs.

Executive Order 12988--Civil Justice Reform

I have reviewed this rule in light of section 3 of Executive Order 12988 and certify for the National Science Foundation that this rule meets the applicable standards provided in section 3(a) and 3(b)(2) of that order.

Regulatory Flexibility Act

I certify, pursuant to the requirements of the Regulatory Flexibility Act, 5 U.S.C. 601-612, that this final rule will not have a significant economic impact on a substantial number of small entities.

Paperwork Reduction Act of 1995

There are no new information collection requirements in this final rule.

Unfunded Mandates Reform Act of 1995

This final rule will not result in the expenditure, in the aggregate, of $100,000,000 or more in any one year and therefore preparation of a statement is not required by section 202(a) Unfunded Mandates Reform Act of 1995 [2 U.S.C. 1532(a)].

List of Subjects in 45 CFR Part 672

Administrative practice and procedure, Antarctica.

For the reasons set out in the preamble and under the authority of 28 U.S.C. 2461 note, 45 CFR Part 672 is amended as follows:

PART 672--ENFORCEMENT AND HEARING PROCEDURES; TOURISM GUIDELINES

1. The authority citation for Part 672 continues to read as follows:

   Authority: 16 U.S.C. 2401 et seq., 28 U.S.C. 2461 note.

2. Revise Sec. 672.24 to read as follows:

   Sec. 672.24 Maximum civil monetary penalties for unintentional and intentional violations.

   (a) For violations occurring before August 1, 1998, the maximum civil penalty that may be assessed under Sec. Sec. 672.20(b) and 672.23(a) is set by the statute at $5,000 for unintentional violations and $10,000 for intentional violations.

   (b) For violations occurring between August 1, 1998 and July 31, 1999, the maximum civil penalty is adjusted under authority of the Federal Civil Penalties Inflation Adjustment Act of 1990 (28 U.S.C. 2461 note) as amended by the Debt Collection Improvement Act of 1996 (Pub. L. 104-134) to $5,500 for unintentional violations and $11,000 for intentional violations.

   (c) For violations occurring after July 31, 1999, the maximum civil penalty is adjusted under authority of the Federal Civil Penalties Inflation Adjustment Act of 1990 (28 U.S.C. 2461 note) as amended by the Debt Collection Improvement Act of 1996 (Pub. L. 104-134) to $12,000 for unintentional violations and $25,000 for intentional violations.

   Dated: June 11, 1998. Lawrence Rudolph, General Counsel, National Science Foundation.

   [FR Doc. 98-15951Filed6-15-98; 8:45 am]

   BILLING CODE 7555-01-P