Rule2022-01937
Civil Penalties Inflation Adjustments
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
January 31, 2022
Effective
January 31, 2022
Issuing agencies
Interior Department
Abstract
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 statute.
Full Text
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<title>Federal Register, Volume 87 Issue 20 (Monday, January 31, 2022)</title>
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[Federal Register Volume 87, Number 20 (Monday, January 31, 2022)]
[Rules and Regulations]
[Pages 4815-4817]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-01937]
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DEPARTMENT OF THE INTERIOR
Office of the Secretary of the Interior
43 CFR Part 10
[NPS-WASO-NAGPRA-33240; PPWOVPADU0/PPMPRLE1Y.Y00000]
RIN 1024-AE69
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
[[Page 4816]]
these adjustments is to maintain the deterrent effect of civil
penalties and to further the policy goals of the underlying statute.
DATES: This rule is effective on January 31, 2022.
FOR FURTHER INFORMATION CONTACT: Melanie O'Brien, Manager, National
NAGPRA Program, (202) 354-2204, 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, 2022.
See December 15, 2021, Memorandum for the Heads of Executive
Departments and Agencies, from Shalanda D. Young, Acting Director,
Office of Management and Budget, re: Implementation of Penalty
Inflation Adjustments for 2022, Pursuant to the Federal Civil Penalties
Inflation Adjustment Act Improvements Act of 2015 (M-22-07). The
guidance states that the cost-of-living adjustment multiplier for 2022,
based on the Consumer Price Index (CPI-U) for the month of October
2021, not seasonally adjusted, is 1.06222. (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 2022 annual
adjustment by multiplying each applicable penalty by the multiplier,
1.06222, 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 2022 by multiplying
1.06222 by each penalty amount as updated by the adjustment made in
2021:
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Current
penalty Annual
CFR citation Description of the including adjustment Adjusted
penalty catch-up (multiplier) penalty
adjustment
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43 CFR 10.12(g)(2).................... Failure of Museum to $7,037 1.06222 $7,475
Comply.
43 CFR 10.12(g)(3).................... Continued Failure to 1,408 1.06222 1,496
Comply Per Day.
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Consistent with the Act, the adjusted penalty levels for 2022 will
take effect immediately upon the effective date of the adjustment. The
adjusted penalty levels for 2022 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. 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.L.
C. Congressional Review Act
This rule is not a major rule under 5 U.S.C. 804(2), the CRA. 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.
D. 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.
E. Takings (E.O. 12630)
This rule does not effect a taking of private property or otherwise
have
[[Page 4817]]
taking implications under Executive Order 12630. A takings implication
assessment is not required.
F. 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.
G. 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.
H. 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 tribes through a
commitment to consultation with Indian tribes and recognition of their
right to self-governance and tribal sovereignty. The Department has
evaluated this rule under its consultation policy and under the
criteria in Executive Order 13175 and has determined that the rule has
no substantial direct effects on federally recognized Indian tribes and
that consultation under the Department's tribal consultation policy is
not required.
I. 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.
J. National Environmental Policy Act (NEPA)
This rule does not constitute a major Federal action significantly
affecting the quality of the human environment. A detailed statement
under the 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.
K. Effects on the Energy Supply (E.O. 13211)
This rule is not a significant energy action under the definition
in Executive Order 13211; the rule is not likely to have a significant
adverse effect on the supply, distribution, or use of energy, and the
rule has not otherwise been designated by the Administrator of Office
of Information and Regulatory Affairs as a significant energy action. A
Statement of Energy Effects is not required.
L. 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 procedure for
rulemaking under the APA--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 2021 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. Amend Sec. 10.12 by:
0
a. In paragraph (g)(2) introductory text, removing ``$7,037'' and
adding in its place ``$7,475''.
0
b. In paragraph (g)(3), removing ``$1,408'' and adding in its place
``$1,496''.
Shannon A. Estenoz,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 2022-01937 Filed 1-28-22; 8:45 am]
BILLING CODE 4312-52-P
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</html>Indexed from Federal Register on January 31, 2022.
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