Rule2025-15110
Civil Monetary Penalty Inflation Adjustment Rule
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
August 8, 2025
Effective
August 8, 2025
Issuing agencies
Defense DepartmentEngineers Corps
Abstract
The U.S. Army Corps of Engineers (Corps) is issuing this final rule to adjust its civil monetary penalties (CMP) under the Rivers and Harbors Appropriation Act of 1922 (RHA), the Clean Water Act (CWA), and the National Fishing Enhancement Act (NFEA) to account for inflation.
Full Text
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<title>Federal Register, Volume 90 Issue 151 (Friday, August 8, 2025)</title>
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[Federal Register Volume 90, Number 151 (Friday, August 8, 2025)]
[Rules and Regulations]
[Pages 38403-38406]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-15110]
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DEPARTMENT OF DEFENSE
Department of the Army, Corps of Engineers
33 CFR Parts 207 and 326
RIN 0710-AB57
Civil Monetary Penalty Inflation Adjustment Rule
AGENCY: U.S. Army Corps of Engineers, Department of Defense (DoD).
ACTION: Final rule.
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SUMMARY: The U.S. Army Corps of Engineers (Corps) is issuing this final
rule to adjust its civil monetary penalties (CMP) under the Rivers and
Harbors Appropriation Act of 1922 (RHA), the Clean Water Act (CWA), and
the National Fishing Enhancement Act (NFEA) to account for inflation.
DATES: This final rule is effective on August 8, 2025.
FOR FURTHER INFORMATION CONTACT: For the RHA portion, please contact
Mr. Joseph R. Wilson, 202-761-7697 or by email at
<a href="/cdn-cgi/l/email-protection#244e4b5741544c0a560a534d48574b4a6451574547410a4556495d0a494d48"><span class="__cf_email__" data-cfemail="6c06031f091c04421e421b05001f03022c191f0d0f09420d1e011542010500">[email protected]</span></a>, or for the CWA and NFEA portion, please
contact Mr. Matt Wilson, 202-761-5856 or by email at
<a href="/cdn-cgi/l/email-protection#6f220e1b1b070a18413c413806031c00012f1a1c0e0c0a410e1d021641020603"><span class="__cf_email__" data-cfemail="eda08c999985889ac3bec3ba84819e8283ad989e8c8e88c38c9f8094c3808481">[email protected]</span></a> or access the Corps Regulatory Home
Page at <a href="https://www.usace.army.mil/Missions/Civil-Works/Regulatory-Program-and-Permits/">https://www.usace.army.mil/Missions/Civil-Works/Regulatory-Program-and-Permits/</a>.
SUPPLEMENTARY INFORMATION: The Federal Civil Penalties Inflation
Adjustment Act of 1990, Public Law 101-410, codified at 28 U.S.C. 2461,
as amended, requires agencies to annually adjust the level of CMP for
inflation to improve their effectiveness and
[[Page 38404]]
maintain their deterrent effect, as required by the Federal Civil
Penalties Adjustment Act Improvements Act of 2015, Public Law 114-74,
sec. 701, November 2, 2015 (``Inflation Adjustment Act'').
With this rule, the new statutory maximum penalty levels listed in
Table 1 will apply to all statutory civil penalties assessed on or
after the effective date of this rule. Table 1 shows the calculation of
the 2025 annual inflation adjustment based on the guidance provided by
the Office of Management and Budget (OMB) (see December 17, 2024,
Memorandum for the Heads of Executive Departments and Agencies,
Subject: Implementation of Penalty Inflation Adjustments for 2025,
Pursuant to the Federal Civil Penalties Inflation Adjustment Act
Improvements Act of 2015). The OMB provided to agencies the cost-of-
living adjustment multiplier for 2025, based on the Consumer Price
Index for All Urban Consumers (CPI-U) for the month of October 2024,
not seasonally adjusted, which is 1.02598. Agencies are to adjust ``the
maximum civil monetary penalty or the range of minimum and maximum
civil monetary penalties, as applicable, for each civil monetary
penalty by the cost-of-living adjustment.'' For 2025, agencies multiply
each applicable penalty by the multiplier, 1.02598, and round to the
nearest dollar. The multiplier should be applied to the most recent
penalty amount, i.e., the one that includes the 2024 annual inflation
adjustment.
Table 1
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Civil Monetary
Penalty (CMP) 2024 CMP amount in 2025 Inflation CMP amount as of
Citation amount established effect prior to adjustment August 8, 2025
by law this rulemaking multiplier
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Rivers and Harbors Act of 1922 $2,500 per $6,975 per 1.02598 $7,156 per
(33 U.S.C. 555). violation. violation. violation.
CWA, 33 U.S.C. 1319(g)(2)(A)..... $10,000 per $26,686 per 1.02598 $27,379 per
violation, with a violation, with a violation, with a
maximum of $25,000. maximum of $66,713. maximum of
$68,446.
CWA, 33 U.S.C. 1344(s)(4)........ Maximum of $25,000 Maximum of $66,713 1.02598 Maximum of $68,446
per day for each per day for each per day for each
violation. violation. violation.
National Fishing Enhancement Act, Maximum of $10,000 Maximum of $29,221 1.02598 Maximum of $29,980
33 U.S.C. 2104(e). per violation. per violation. per violation.
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Section 4 of the Inflation Adjustment Act directs Federal agencies
to publish annual penalty inflation adjustments. In accordance with
section 553 of the Administrative Procedure Act (APA), many rules are
subject to notice and comment and are effective no earlier than 30 days
after publication in the Federal Register. Section 4(b)(2) of the
Inflation Adjustment Act further provides that each agency shall make
the annual inflation adjustments ``notwithstanding section 553'' of the
APA. According to the December 2024 OMB guidance issued to Federal
agencies on the implementation of the 2025 annual adjustment, the
phrase ``notwithstanding section 553'' means that, ``the public
procedure the APA generally requires--notice, an opportunity for
comment, and a delay in effective date--is not required for agencies to
issue regulations implementing the annual adjustment.'' Consistent with
the language of the Inflation Adjustment Act and OMB's implementation
guidance, this rule is not subject to notice and opportunity for public
comment or a delay in effective date. This rule adjusts the value of
current statutory civil penalties to reflect and keep pace with the
levels originally set by Congress when the statutes were enacted, as
required by the Inflation Adjustment Act. This rule will apply
prospectively to penalty assessments beginning on the effective date of
this final rule.
Regulatory Procedures
Plain Language
In compliance with the principles in the President's Memorandum of
June 1, 1998, regarding plain language, this preamble is written using
plain language. The use of ``we'' in this notice refers to the Corps
and the use of ``you'' refers to the reader. We have also used the
active voice, short sentences, and common everyday terms except for
necessary technical terms.
Executive Order 12866, ``Regulatory Planning and Review,'' as Amended
by Executive Order 13563, ``Improving Regulation and Regulatory
Review''
This rule has been designated not significant under section 3(f) of
Executive Order 12866, as amended by Executive Order 13563. Moreover,
this final rule makes nondiscretionary adjustments to existing CMP in
accordance with the Inflation Adjustment Act and OMB guidance. The
Corps, therefore, did not consider alternatives and does not have the
flexibility to alter the adjustments of the civil monetary penalty
amounts as provided in this rule.
Executive Order 14192, ``Unleashing Prosperity Through Deregulation''
Executive Order 14192 establishes a regulatory cap for Fiscal Year
2025 and requires agencies to identify 10 existing regulations to be
repealed unless the regulation meets certain exemptions. This final
rule is not an Executive Order 14192 regulatory action under OMB M-25-
20, ``Guidance Implementing Section 3 of Executive Order 14192,''
because it does not impose any more than de minimis regulatory costs.
Public Law 96-511, ``Paperwork Reduction Act'' (44 U.S.C. Chapter 35)
The DoD determined that provisions of the Paperwork Reduction Act
of 1995, Public Law 104-13, 44 U.S.C. Chapter 35, and its implementing
regulations, 5 CFR part 1320, do not apply to this rule because there
are no new or revised recordkeeping or reporting requirements. This
action merely increases the level of statutory civil penalties that
could be imposed in the context of a Federal civil administrative
enforcement action or civil judicial case for violations of Corps-
administered statutes and implementing regulations.
Executive Order 13132, ``Federalism''
Executive Order 13132 establishes certain requirements that an
agency must meet when it promulgates a rule that imposes substantial
direct requirement costs on State and local governments, preempts State
law, or otherwise has federalism implications. This final rule will not
have a substantial effect on State and local governments.
[[Page 38405]]
Public Law 96-354, ``Regulatory Flexibility Act'' (5 U.S.C. Chapter 6)
The Assistant Secretary of the Army (Civil Works) certified that
this rule is not subject to the Regulatory Flexibility Act (5 U.S.C.
601, et seq.) because it would not, if promulgated, have a significant
economic impact on a substantial number of small entities. Because
notice of proposed rulemaking and opportunity for comment are not
required pursuant to 5 U.S.C. 553, or any other law, the analytical
requirements of the Regulatory Flexibility Act are inapplicable.
Therefore, the Regulatory Flexibility Act, as amended, does not require
the Corps to prepare a regulatory flexibility analysis.
Unfunded Mandates Reform Act (2 U.S.C. Chapter 25)
Section 202 of the Unfunded Mandates Reform Act of 1995 (2 U.S.C.
1532) requires agencies to assess anticipated costs and benefits before
issuing any rule the mandates of which require spending in any year of
$100 million in 1995 dollars, updated annually for inflation. This rule
will not mandate any requirements for State, local, or tribal
governments, nor will it affect private sector costs.
Public Law 104-113, ``National Technology Transfer and Advancement Act
(15 U.S.C. Chapter 7)
Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (NTTAA), Public Law 104-113 (15 U.S.C. 272 note), directs
us to use voluntary consensus standards in our regulatory activities,
unless to do so would be inconsistent with applicable law or otherwise
impractical. Voluntary consensus standards are technical standards
(e.g., materials specifications, test methods, sampling procedures, and
business practices) that are developed or adopted by voluntary
consensus standards bodies. The NTTAA directs us to provide Congress,
through OMB, explanations when we decide not to use available and
applicable voluntary consensus standards. This rule does not involve
technical standards. Therefore, we did not consider the use of any
voluntary consensus standards.
Executive Order 13045, ``Protection of Children From Environmental
Health Risks and Safety Risks''
Executive Order 13045 applies to any rule that: (1) is determined
to be ``economically significant'' as defined under Executive Order
12866, and (2) concerns an environmental health or safety risk that we
have reason to believe may have a disproportionate effect on children.
If the regulatory action meets both criteria, we must evaluate the
environmental health or safety effects of the rule on children, and
explain why the regulation is preferable to other potentially effective
and reasonably feasible alternatives. This rule is not subject to this
Executive Order because it is not economically significant as defined
in Executive Order 12866. In addition, it does not concern an
environmental or safety risk that we have reason to believe may have a
disproportionate effect on children.
Executive Order 13175, ``Consultation and Coordination With Indian
Tribal Governments''
Executive Order 13175 requires agencies to develop an accountable
process to ensure ``meaningful and timely input by tribal officials in
the development of regulatory policies that have tribal implications.''
The phrase ``policies that have tribal implications'' is defined in the
Executive Order to include regulations that have ``substantial direct
effects on one or more Indian tribes, on the relationship between the
Federal government and the Indian tribes, or on the distribution of
power and responsibilities between the Federal government and Indian
tribes.'' This rule does not have tribal implications. The rule imposes
no new substantive obligations on tribal governments. Therefore,
Executive Order 13175 does not apply to this rule.
Public Law 104-121, ``Congressional Review Act,'' (5 U.S.C. Chapter 8)
The Congressional Review Act, 5 U.S.C. 801 et seq., as amended by
the Small Business Regulatory Enforcement Fairness Act of 1996,
generally provides that before a rule may take effect, the agency
promulgating the rule must submit a rule report, which includes a copy
of the rule, to each House of the Congress and to the Comptroller
General of the United States. We will submit a report containing this
rule and other required information to the U.S. Senate, the U.S. House
of Representatives, and the Comptroller General of the United States. A
major rule cannot take effect until 60 days after it is published in
the Federal Register. This rule is not a ``major rule'' as defined by 5
U.S.C. 804(2).
Executive Order 13211, ``Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use''
This rule is not a ``significant energy action'' as defined in
Executive Order 13211 because it is not likely to have a significant
adverse effect on the supply, distribution, or use of energy.
List of Subjects
33 CFR Part 207
Navigation (water), Penalties, Reporting and recordkeeping
requirements, Waterways.
33 CFR Part 326
Administrative practice and procedure, Intergovernmental relations,
Investigations, Law enforcement, Navigation (water), Water pollution
control, Waterways.
Approved by:
D. Lee Forsgren,
Acting Assistant Secretary of the Army, (Civil Works).
For the reasons set out in the preamble, title 33, chapter II, part
207 of the Code of Federal Regulations is amended as follows:
PART 207--NAVIGATION REGULATIONS
0
1. The authority citation for part 207 continues to read as follows:
Authority: 33 U.S.C. 1; 33 U.S.C. 555; 28 U.S.C. 2461 note.
0
2. Amend Sec. 207.800 by revising paragraph (c)(2) to read as follows:
Sec. 207.800 Collection of navigation statistics.
* * * * *
(c) * * *
(2) In addition, any person or entity that fails to provide timely,
accurate, and complete statements or reports required to be submitted
by the regulation in this section may also be assessed a civil penalty
of up to $7,156 per violation under 33 U.S.C. 555, as amended.
* * * * *
PART 326--ENFORCEMENT
0
3. The authority citation for part 326 continues to read as follows:
Authority: 33 U.S.C. 401 et seq.; 33 U.S.C. 1344; 33 U.S.C.
1413; 33 U.S.C. 2104; 33 U.S.C. 1319; 28 U.S.C. 2461 note.
0
4. Amend Sec. 326.6 by revising paragraph (a)(1) to read as follows:
Sec. 326.6 Class I administrative penalties.
(a) * * *
(1) This section sets forth procedures for initiation and
administration of Class I administrative penalty orders under Section
309(g) of the Clean Water Act, judicially-imposed civil penalties under
Section 404(s) of the Clean Water Act, and Section 205 of the National
Fishing Enhancement Act. Under
[[Page 38406]]
Section 309(g)(2)(A) of the Clean Water Act, Class I civil penalties
may not exceed $27,379 per violation, except that the maximum amount of
any Class I civil penalty shall not exceed $68,446. Under Section
404(s)(4) of the Clean Water Act, judicially-imposed civil penalties
may not exceed $68,446 per day for each violation. Under Section 205(e)
of the National Fishing Enhancement Act, penalties for violations of
permits issued in accordance with that Act shall not exceed $29,980 for
each violation.
Table 1 to Paragraph (a)(1)
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Statutory civil monetary
penalty amount for violations
Environmental statute and U.S. code that occurred after November 2,
citation 2015, and are assessed on or
after August 8, 2025
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Clean Water Act (CWA), Section $27,379 per violation, with a
309(g)(2)(A), 33 U.S.C. 1319(g)(2)(A). maximum of $68,446.
CWA, Section 404(s)(4), 33 U.S.C. Maximum of $68,446 per day for
1344(s)(4). each violation.
National Fishing Enhancement Act, Maximum of $29,980 per
Section 205(e), 33 U.S.C. 2104(e). violation.
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[FR Doc. 2025-15110 Filed 8-7-25; 8:45 am]
BILLING CODE 3720-58-P
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