Civil Penalties Inflation Adjustments
| Published date | 01 March 2019 |
| Record Number | 2019-03659 |
| Section | Rules and Regulations |
| Court | The Secretary Of The Interior Office |
Federal Register, Volume 84 Issue 41 (Friday, March 1, 2019)
[Federal Register Volume 84, Number 41 (Friday, March 1, 2019)]
[Rules and Regulations]
[Pages 6975-6977]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-03659]
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DEPARTMENT OF THE INTERIOR
Office of the Secretary of the Interior
43 CFR Part 10
[NPS-WASO-NAGPRA-27233; PPWOVPADU0/PPMPRLE1Y.Y00000]
RIN 1024-AE56
Civil Penalties Inflation Adjustments
AGENCY: Office of the Secretary, Interior.
ACTION: Final rule.
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SUMMARY: This rule revises U.S. Department of the Interior regulations
implementing the Native American Graves Protection and Repatriation Act
to provide for annual adjustments of civil penalties to account for
inflation under the Federal Civil Penalties Inflation Adjustment Act
Improvements Act of 2015 and Office of Management and Budget guidance.
The purpose of these adjustments is to maintain the deterrent effect of
civil penalties and to further the policy goals of the underlying
statutes.
DATES: This rule is effective on March 1, 2019.
FOR FURTHER INFORMATION CONTACT: Melanie O'Brien, Manager, National
NAGPRA Program, National Park Service, 1849 C Street NW, Washington, DC
20240.
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) (``the Act''). The Act requires Federal agencies
to adjust the level of civil monetary penalties annually for inflation
no later than January 15 of each year.
II. Calculation of Annual Adjustments
The Office of Management and Budget (OMB) recently issued guidance
to assist Federal agencies in implementing the annual adjustments
required by the Act which agencies must complete by January 15, 2019.
See December 14, 2018, Memorandum for the Heads of Executive
Departments and Agencies, from Mick Mulvaney, Director, Office of
Management and Budget, re: Implementation of Penalty Inflation
Adjustments for 2019, Pursuant to the Federal Civil Penalties Inflation
Adjustment Act Improvements Act of 2015 (M-19-04). The guidance states
that the cost-of-living adjustment multiplier for 2019, based on the
Consumer Price Index (CPI-U) for the month of October 2018, not
seasonally
[[Page 6976]]
adjusted, is 1.02522. (The annual inflation adjustments are based on
the percent change between the October CPI-U preceding the date of the
adjustment, and the prior year's October CPI-U.) The guidance instructs
agencies to complete the 2019 annual adjustment by multiplying each
applicable penalty by the multiplier, 1.025221, and rounding to the
nearest dollar.
The annual adjustment applies to all civil monetary penalties with
a dollar amount that are subject to the Act. A civil monetary penalty
is any assessment with a dollar amount that is levied for a violation
of a Federal civil statute or regulation, and is assessed or
enforceable through a civil action in Federal court or an
administrative proceeding. A civil monetary penalty does not include a
penalty levied for violation of a criminal statute, or fees for
services, licenses, permits, or other regulatory review. This final
rule adjusts the following civil monetary penalties contained in the
Department regulations implementing the Native American Graves
Protection and Repatriation Act (NAGPRA) for 2019 by multiplying
1.025221 by each penalty amount as updated by the adjustment made in
2018:
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Current
penalty Annual
CFR citation Description of the penalty including adjustment Adjusted
catch-up (multiplier) penalty
adjustment
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43 CFR 10.12(g)(2)................. Failure of Museum to Comply $6,666 1.025221 $6,834
43 CFR 10.12(g)(3)................. Continued Failure to Comply 1,334 1.025221 1,368
Per Day.
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Consistent with the Act, the adjusted penalty levels for 2019 will
take effect immediately upon the effective date of the adjustment. The
adjusted penalty levels for 2019 will apply to penalties assessed after
that date including, if consistent with agency policy, assessments
associated with violations that occurred on or after November 2, 2015.
The Act does not, however, change previously assessed penalties that
the Department is collecting or has collected. Nor does the Act change
an agency's existing statutory authorities to adjust penalties.
III. Procedural Requirements
A. Regulatory Planning and Review (E.O. 12866 and 13563)
Executive Order 12866 provides that the Office of Information and
Regulatory Affairs in the Office of Management and Budget will review
all significant rules. The Office of Information and Regulatory Affairs
has determined that this rule is not significant.
Executive Order 13563 reaffirms the principles of E.O. 12866 while
calling for improvements in the nation's regulatory system to promote
predictability, to reduce uncertainty, and to use the best, most
innovative, and least burdensome tools for achieving regulatory ends.
The executive order directs agencies to consider regulatory approaches
that reduce burdens and maintain flexibility and freedom of choice for
the public where these approaches are relevant, feasible, and
consistent with regulatory objectives. E.O. 13563 emphasizes further
that regulations must be based on the best available science and that
the rulemaking process must allow for public participation and an open
exchange of ideas. We have developed this rule in a manner consistent
with these requirements.
B. Reducing Regulation and Controlling Regulatory Costs (Executive
Order 13771)
This rule is not an E.O. 13771 regulatory action because this rule
is not significant under Executive Order 12866.
C. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA) requires an agency to prepare
a regulatory flexibility analysis for rules unless the agency certifies
that the rule will not have a significant economic impact on a
substantial number of small entities. The RFA applies only to rules for
which an agency is required to first publish a proposed rule. See 5
U.S.C. 603(a) and 604(a). The RFA does not apply to this final rule
because the Office of the Secretary is not required to publish a
proposed rule for the reasons explained below in Section III.M.
D. Small Business Regulatory Enforcement Fairness Act
This rule is not a major rule under 5 U.S.C. 804(2), the Small
Business Regulatory Enforcement Fairness Act. This rule:
(a) Does not have an annual effect on the economy of $100 million
or more.
(b) Will not cause a major increase in costs or prices for
consumers, individual industries, Federal, State, or local government
agencies, or geographic regions.
(c) Does not have significant adverse effects on competition,
employment, investment, productivity, innovation, or the ability of
U.S.-based enterprises to compete with foreign-based enterprises.
E. Unfunded Mandates Reform Act
This rule does not impose an unfunded mandate on State, local, or
tribal governments, or the private sector of more than $100 million per
year. The rule does not have a significant or unique effect on State,
local, or tribal governments or the private sector. A statement
containing the information required by the Unfunded Mandates Reform Act
(2 U.S.C. 1531 et seq.) is not required.
F. Takings (E.O. 12630)
This rule does not effect a taking of private property or otherwise
have taking implications under Executive Order 12630. A takings
implication assessment is not required.
G. Federalism (E.O. 13132)
Under the criteria in section 1 of Executive Order 13132, this rule
does not have sufficient federalism implications to warrant the
preparation of a federalism summary impact statement. A federalism
summary impact statement is not required.
H. Civil Justice Reform (E.O. 12988)
This rule complies with the requirements of E.O. 12988.
Specifically, this rule:
(a) Meets the criteria of section 3(a) requiring that all
regulations be reviewed to eliminate errors and ambiguity and be
written to minimize litigation; and
(b) Meets the criteria of section 3(b)(2) requiring that all
regulations be written in clear language and contain clear legal
standards.
I. Consultation With Indian Tribes (E.O. 13175 and Departmental policy)
The Department of the Interior strives to strengthen its
government-to-government relationship with Indian
[[Page 6977]]
tribes through a commitment to consultation with Indian tribes and
recognition of their right to self-governance and tribal sovereignty.
We have evaluated this rule under the Department's consultation policy
and under the criteria in Executive Order 13175 and have determined
that it has no substantial direct effects on federally recognized
Indian tribes and that consultation under the Department's tribal
consultation policy is not required.
J. Paperwork Reduction Act
This rule does not contain information collection requirements, and
a submission to the Office of Management and Budget under the Paperwork
Reduction Act (44 U.S.C. 3501 et seq.) is not required. We may not
conduct or sponsor, and you are not required to respond to, a
collection of information unless it displays a currently valid OMB
control number.
K. National Environmental Policy Act
This rule does not constitute a major Federal action significantly
affecting the quality of the human environment. A detailed statement
under the National Environmental Policy Act of 1969 (NEPA) is not
required because the rule is covered by a categorical exclusion. This
rule is excluded from the requirement to prepare a detailed statement
because it is a regulation of an administrative nature. (For further
information see 43 CFR 46.210(i).) We have also determined that the
rule does not involve any of the extraordinary circumstances listed in
43 CFR 46.215 that would require further analysis under NEPA.
L. Effects on the Energy Supply (E.O. 13211)
This rule is not a significant energy action under the definition
in Executive Order 13211. A Statement of Energy Effects is not
required.
M. Administrative Procedure Act
The Act requires agencies to publish annual inflation adjustments
by no later than January 15 of each year, notwithstanding section 553
of the Administrative Procedure Act (APA) (5 U.S.C. 553). OMB has
interpreted this direction to mean that the usual APA public procedure
for rulemaking--which includes public notice of a proposed rule, an
opportunity for public comment, and a delay in the effective date of a
final rule--is not required when agencies issue regulations to
implement the annual adjustments to civil penalties that the Act
requires. Accordingly, we are issuing the 2019 annual adjustments as a
final rule without prior notice or an opportunity for comment and with
an effective date immediately upon publication in the Federal Register.
List of Subjects in 43 CFR Part 10
Administrative practice and procedure, Hawaiian Natives, Historic
preservation, Indians--claims, Indians--lands, Museums, Penalties,
Public lands, Reporting and recordkeeping requirements.
For the reasons given in the preamble, the Office of the Secretary
amends 43 CFR part 10 as follows.
PART 10--NATIVE AMERICAN GRAVES PROTECTION AND REPATRIATION
REGULATIONS
0
1. The authority citation for part 10 continues to read as follows:
Authority: 16 U.S.C. 470dd; 25 U.S.C. 9, 3001 et seq.
Sec. 10.12 [Amended]
0
2. In Sec. 10.12:
0
i. In paragraph (g)(2), remove ``$6,666'' and add in its place
``$6,834''.
0
ii. In paragraph (g)(3), remove ``$1,334'' and add in its place
``$1,368''.
Andrea Travnicek,
Principal Deputy Assistant Secretary for Fish and Wildlife and Parks,
exercising the authority of the Assistant Secretary for Fish and
Wildlife and Parks.
[FR Doc. 2019-03659 Filed 2-28-19; 8:45 am]
BILLING CODE 4312-52-P
