Rule2023-01726
Civil Penalties; 2023 Inflation Adjustments for Civil Monetary Penalties
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 30, 2023
Effective
January 30, 2023
Issuing agencies
Interior DepartmentFish and Wildlife Service
Abstract
The U.S. Fish and Wildlife Service (Service or we) is issuing this final rule, in accordance with the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (Inflation Adjustment Act) and Office of Management and Budget (OMB) guidance, to adjust for inflation the statutory civil monetary penalties that may be assessed for violations of Service-administered statutes and their implementing regulations. We are required to adjust civil monetary penalties annually for inflation according to a formula specified in the Inflation Adjustment Act. This rule replaces the previously issued amounts with the updated amounts after using the 2023 inflation adjustment multiplier provided in the OMB guidance.
Full Text
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<title>Federal Register, Volume 88 Issue 19 (Monday, January 30, 2023)</title>
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[Federal Register Volume 88, Number 19 (Monday, January 30, 2023)]
[Rules and Regulations]
[Pages 5796-5798]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-01726]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 11
[Docket No. FWS-HQ-LE-2022-0176; FF09L00200-FX-LE12200900000]
RIN 1018-BG74
Civil Penalties; 2023 Inflation Adjustments for Civil Monetary
Penalties
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Final rule.
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SUMMARY: The U.S. Fish and Wildlife Service (Service or we) is issuing
this final rule, in accordance with the Federal Civil Penalties
Inflation Adjustment Act Improvements Act of 2015 (Inflation Adjustment
Act) and Office of Management and Budget (OMB) guidance, to adjust for
inflation the statutory civil monetary penalties that may be assessed
for violations of Service-administered statutes and their implementing
regulations. We are required to adjust civil monetary penalties
annually for inflation according to a formula specified in the
Inflation Adjustment Act. This rule replaces the previously issued
amounts with the updated amounts after using the 2023 inflation
adjustment multiplier provided in the OMB guidance.
DATES: This rule is effective January 30, 2023.
ADDRESSES: This rule may be found on the internet at <a href="https://www.regulations.gov">https://www.regulations.gov</a> in Docket No. FWS-HQ-LE-2022-0176.
FOR FURTHER INFORMATION CONTACT: Douglas Ault, Special Agent in Charge,
Headquarters Investigations Unit, U.S. Fish and Wildlife Service,
Office of Law Enforcement, (703) 358-2290. Individuals in the United
States who are deaf, deafblind, hard of hearing, or have a speech
disability may dial 711 (TTY, TDD, or TeleBraille) to access
telecommunications relay services. Individuals outside the United
States should use the relay services offered within their country to
make international calls to the point-of-contact in the United States.
SUPPLEMENTARY INFORMATION:
Background
The regulations in title 50 of the Code of Federal Regulations at
50 CFR part 11 provide uniform rules and procedures for the assessment
of civil penalties resulting from violations of certain laws and
regulations enforced by the Service.
The Federal Civil Penalties Inflation Adjustment Act Improvements
Act of 2015 (sec. 701 of Pub. L. 114-74) (Inflation Adjustment Act)
required Federal agencies to adjust the level of civil monetary
penalties with an initial ``catch up'' adjustment through rulemaking
and then make subsequent annual adjustments for inflation. The purpose
of these adjustments is to maintain the deterrent effect of civil
penalties and to further the policy goals of the underlying statutes.
Under section 4 of the Federal Civil Penalties Inflation Adjustment
Act of 1990, 28 U.S.C. 2461 note, as amended by the Inflation
Adjustment Act, each Federal agency is required to issue regulations
adjusting for inflation the statutory civil monetary penalties (civil
penalties) that can be imposed under the laws administered by that
agency. The Inflation Adjustment Act provided that the initial ``catch
up adjustment'' take effect no later than August 1, 2016, followed by
subsequent adjustments to be made no later than January 15 every year
thereafter. This final rule adjusts the civil penalty amounts that may
be imposed pursuant to each statutory provision beginning on the date
specified above in DATES.
On June 28, 2016, the Service published in the Federal Register an
interim rule that revised 50 CFR part 11 (81 FR 41862) to carry out the
Inflation Adjustment Act. The Service subsequently published a final
rule to that interim rule on December 23, 2016 (81 FR 94274). The
Service has published final rules every year thereafter, further
adjusting the civil penalty amounts in 50 CFR 11.33 per OMB guidance:
<bullet> 82 FR 6307, January 19, 2017;
<bullet> 83 FR 5950, February 12, 2018;
<bullet> 84 FR 15525, April 16, 2019;
[[Page 5797]]
<bullet> 85 FR 10310, February 24, 2020;
<bullet> 86 FR 15427, March 23, 2021; and
<bullet> 87 FR 13948, March 11, 2022.
This final rule adjusts the civil monetary penalty amounts that
were listed in the 2022 final rule and subsequently codified at 50 CFR
11.33 by using the 2023 inflation multiplier provided to all Federal
agencies by OMB (see below).
OMB issued a memorandum, M-23-05, entitled ``Implementation of
Penalty Inflation Adjustments for 2023, Pursuant to the Federal Civil
Penalties Inflation Adjustment Act Improvements Act of 2015,'' which
provides the cost-of-living adjustment multiplier for 2023: 1.07745.
Therefore, we multiplied each penalty in the table in 50 CFR 11.33 by
1.07745 to obtain the 2023 annual adjustment. The new amounts are
reflected in the table in the rule portion of this document and replace
the current amounts in 50 CFR 11.33.
Required Determinations
In addition, in this final rule, we affirm the required
determinations we made in the June 28, 2016, interim rule (81 FR
41862); for descriptions of our actions to ensure compliance with the
following statutes and Executive Orders, see that rule:
<bullet> National Environmental Policy Act (42 U.S.C. 4321 et
seq.);
<bullet> Regulatory Flexibility Act (5 U.S.C. 601 et seq.);
<bullet> Small Business Regulatory Enforcement Fairness Act (5
U.S.C. 804(2));
<bullet> Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.);
<bullet> Unfunded Mandates Reform Act (2 U.S.C. 1501 et seq.);
<bullet> Executive Orders 12630, 12866, 12988, 13132, 13175, 13211,
and 13563.
Administrative Procedure Act
As stated above, under section 4 of the Federal Civil Penalties
Inflation Adjustment Act of 1990, 28 U.S.C. 2461 note, as amended by
the Inflation Adjustment Act, Public Law 114-74, 129 Stat. 584 (2015),
each Federal agency is required to issue regulations adjusting for
inflation the statutory civil monetary penalties that can be imposed
under the laws administered by that agency. The Inflation Adjustment
Act provided for an initial ``catch up adjustment'' to take effect no
later than August 1, 2016, followed by subsequent adjustments to be
made no later than January 15 every year thereafter. This final rule
adjusts the civil penalty amounts that may be imposed pursuant to each
statutory provision beginning on the effective date of this rule. To
comply with the Inflation Adjustment Act, we are issuing these
regulations as a final rule.
Section 553(b) of the Administrative Procedure Act (5 U.S.C. 551 et
seq.) provides that, when an agency for good cause finds that notice
and public procedure are impracticable, unnecessary, or contrary to the
public interest, the agency may issue a rule without providing notice
and an opportunity for prior public comment. The Service finds that
providing for public comment before issuing this rule is unnecessary as
this rulemaking is a nondiscretionary action. The Service is required
to publish this rule in order to update the civil penalty amounts by
the specified formula described above. The Service has no discretion to
vary the amount of the adjustment to reflect any views or suggestions
provided by commenters. Since this update to the March 11, 2022, final
rule (87 FR 13948) is merely ministerial, we find that pre-publication
notice and public comment with respect to the revisions set forth in
this rule is unnecessary. We also believe that we have good cause under
5 U.S.C. 553(d) to make this rule effective upon publication to meet
the statutory deadline imposed by the Inflation Adjustment Act.
List of Subjects in 50 CFR Part 11
Administrative practice and procedure, Exports, Fish, Imports,
Penalties, Plants, Transportation, Wildlife.
Regulation Promulgation
For the reasons described above, we amend part 11, subchapter B of
chapter I, title 50 of the Code of Federal Regulations as set forth
below.
PART 11--CIVIL PROCEDURES
0
1. The authority citation for part 11 continues to read as follows:
Authority: 16 U.S.C. 470aa-470mm, 470aaa-470aaa-11, 668-668d,
1361-1384, 1401-1407, 1531-1544, 3371-3378, 4201-4245, 4901-4916,
5201-5207, 5301-5306; 18 U.S.C. 42-43; 25 U.S.C. 3001-3013; and Sec.
107, Pub. L. 114-74, 129 Stat. 599, unless otherwise noted.
0
2. Amend Sec. 11.33 by revising paragraphs (a) through (h) in the
table to read as follows:
Sec. 11.33 Adjustments to penalties.
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Maximum civil
Law Citation Type of violation monetary
penalty
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(a) African Elephant Conservation Act... 16 U.S.C. 4224(b)......... Any violation............. $12,397
(b) Bald and Golden Eagle Protection Act 16 U.S.C. 668(b).......... Any violation............. 15,662
(c) Endangered Species Act of 1973...... 16 U.S.C. 1540(a)(1)...... (1) Knowing violation of 61,982
section 1538. 29,751
(2) Other knowing 1,566
violation.
(3) Any other violation...
(d) Lacey Act Amendments of 1981........ 16 U.S.C. 3373(a)......... (1) Violations referred to 31,326
in 16 U.S.C. 3373(a)(1). 783
(2) Violations referred to
in 16 U.S.C. 3373(a)(2).
(e) Marine Mammal Protection Act of 1972 16 U.S.C. 1375............ Any violation............. 31,326
(f) Recreational Hunting Safety Act of 16 U.S.C. 5202(b)......... (1) Violation involving 19,933
1994. use of force or violence 9,966
or threatened use of
force or violence.
(2) Any other violation...
(g) Rhinoceros and Tiger Conservation 16 U.S.C. 5305a(b)(2)..... Any violation............. 21,805
Act of 1998.
[[Page 5798]]
(h) Wild Bird Conservation Act.......... 16 U.S.C. 4912(a)(1)...... (1) Violation of section 52,540
4910(a)(1), section 25,218
4910(a)(2), or any permit 1,052
issued under section 4911.
(2) Violation of section
4910(a)(3).
(3) Any other violation...
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Shannon A. Estenoz,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 2023-01726 Filed 1-27-23; 8:45 am]
BILLING CODE 4333-15-P
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</html>Indexed from Federal Register on January 30, 2023.
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