[Federal Register Volume 61, Number 20 (Tuesday, January 30, 1996)]
[Rules and Regulations]
[Pages 2917-2918]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-1748]



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DEPARTMENT OF THE INTERIOR

National Park Service

36 CFR Part 1

RIN 1024-AC06


Penalty Provisions

AGENCY: National Park Service, Interior.

ACTION: Final rule.

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SUMMARY: The National Park Service (NPS) is amending the existing 
penalty provisions for convictions of violating NPS regulations to 
conform with the Criminal Fine Improvements Act of 1987 (Pub. L. 100-
185; 18 U.S.C. 3571). This Act changed the maximum fine levels for all 
petty offenses, including those of a regulatory nature, to $5,000 for 
individuals and $10,000 for organizations.

EFFECTIVE DATE: This rule is effective January 30, 1996.

ADDRESSES: Comments should be addressed to Dennis Burnett, National 
Park Service, Ranger Activities Division, P.O. Box 37127, Washington, 
DC 20013-7127.

FOR FURTHER INFORMATION CONTACT:
Dennis Burnett, Ranger Activities Division, at the above address. 
Phone: 202-208-4874.
SUPPLEMENTARY INFORMATION: 
Background
    The current NPS penalty provisions are found in 36 CFR 1.3. Under 
these provisions, four levels of penalties are delineated under 
different penalty authorities. First, in Sec. 1.3(a), a person 
convicted of violating applicable NPS regulations in 36 CFR Chapter 1 
``shall be punished by a fine not exceeding $500 or by imprisonment not 
exceeding 6 months, or both'', as authorized by 16 U.S.C. 3. Second, 
Sec. 1.3(b) applies to certain military parks, battlefield sites, 
national monuments, or other memorials originally under the 
jurisdiction of the Secretary of the Army. In these areas the fine and 
penalty are currently set, pursuant to the Act of March 2, 1933 (47 
Stat. 1420), at ``not more than $100, or by imprisonment for not more 
than 3 months, or by both'' for persons who ``knowingly and willfully'' 
violate applicable regulations. Third, at Sec. 1.3(c), persons 
convicted of violating applicable regulations in park areas established 
by the Act of August 21, 1935 (79 Stat. 971) ``shall be punished by a 
fine of not more than $500''. Last, at Sec. 1.3(d), a person convicted 
of violating 36 CFR 2.23 relating to recreation fees, pursuant to Pub. 
L. No. 92-347 (86 Stat. 459) ``shall be punished by a fine of not more 
than $100''.
    This rule will revise the penalty language at 36 CFR 1.3 (a), (b), 
(c) and (d) to reflect the revised statutory fine provisions of the 
Criminal Fine Improvements Act of 1987 (18 U.S.C. 3571).
    Fines: On January 1, 1985, the Criminal Fine Enforcement Act of 
1984 (Pub. L. No. 98-596) became effective, in which the definition of 
``petty offense'' was changed to include an offense in which the 
maximum fine level was $5,000 for an individual and $10,000 for an 
organization. However, this Act did not change the actual fine levels 
themselves for petty offenses. This was accomplished by the Criminal 
Fine Improvements Act of 1987 (Pub. L. No. 100-185). This latter Act 
specifically established the maximum fine levels for petty offenses to 
be $5,000 for individuals and $10,000 for organizations (18 U.S.C. 
3571). Petty offenses were also defined to mean any Class B or C 
misdemeanor, or an infraction, as defined in 18 U.S.C. 3559.
    Additionally, Chapter 227 of Title 18, which became effective on 
November 1, 1987, states:
    Except as otherwise specifically provided, a defendant who has 
been found guilty of an offense described in any Federal statute, 
other than an Act of Congress applicable exclusively in the District 
of Columbia or the Uniform Code of Military Justice, shall be 
sentenced in accordance with the provisions of this chapter. (18 
U.S.C. 3551(a); emphasis added).

Therefore, this rule will reflect the change in law, making the fine 
levels as stated in 18 U.S.C. 3571 apply to NPS regulations.
    Applicability: Section 3 of the Act of August 25, 1916 (NPS Organic 
Act), as amended by Sec. 5 of the Act of June 2, 1920 (41 Stat. 732), 
provides the Secretary of the Interior with the authority to ``make and 
publish such rules and regulations as he may deem necessary or proper 
for the use and management of the parks, monuments, and reservations 
under the jurisdiction of the National Park Service, and any violation 
of any of the rules and regulations authorized by this section and 
sections 1, 2, and 4 of this title shall be punished by a fine of not 
more than $500 or imprisonment for not exceeding six months, or both, 
and be adjudged to pay all cost of the proceedings.'' (16 U.S.C. 3).
    The NPS is adopting this final rule pursuant to the ``agency 
procedure'' exception of the Administrative Procedures Act (5 U.S.C. 
553(b)(A)) from general notice and comment rulemaking. The NPS believes 
that this exception from rulemaking procedures is warranted because it 
is merely conforming the penalty language found at 36 CFR 1.3 (a), (b), 
(c) and (d) to reflect the revised statutory fine provisions of the 
Criminal Fine Improvements Act of 1987 (18 U.S.C. 3571). The NPS finds 
that notice and comment are unnecessary and contrary to the public 
interest for this final rule.
    The NPS has also determined, in accordance with the Administrative 
Procedures Act (5 U.S.C. 553(d)(3)), that the publishing of this final 
rule 30 days prior to the rule becoming effective would be 
counterproductive and unnecessary for the reasons discussed above. A 
30-day delay would be contrary to the public interest and the interest 
of the agency. Therefore, under the ``good cause'' exception of the 
Administrative Procedure Act (5 U.S.C. 553(b)(3)), it has been 
determined that this rulemaking is excepted from the 30-day delay in 
the effective date and shall therefore become effective on the date 
published in the Federal Register.

Public Participation

    It is the policy of the Department of the Interior, whenever 
practicable, to 

[[Page 2918]]
afford the public an opportunity to participate in the rulemaking 
process. Accordingly, interested persons may submit written comments 
regarding this final rule to the address noted at the beginning of this 
rulemaking.

Drafting Information

    The primary authors of this regulation are Tony Sisto, 
Superintendent, Fort Vancouver NHS; Dennis Burnett, Washington Office 
of Ranger Activities, NPS; and Michael Tiernan, Division of 
Conservation and Wildlife, Office of the Solicitor, Department of the 
Interior, Washington, D.C.

Paperwork Reduction Act

    This rulemaking does not contain collections of information 
requiring approval by the Office of Management and Budget under 44 
U.S.C. 3501, et seq.

Compliance With Other Laws

    This rule was not subject to Office of Management and Budget review 
under Executive Order 12866. The Department of the Interior determined 
that this document will not have a significant economic effect on a 
substantial number of small entities under the Regulatory Flexibility 
Act (5 USC 601 et seq.). The economic effects of this rulemaking are 
local in nature and negligible in scope.
    The NPS has determined that this proposed rulemaking will not have 
a significant effect on the quality of the human environment, health 
and safety because it is not expected to:

    (a) increase public use to the extent of compromising the nature 
and character of the area or causing physical damage to it;
    (b) Introduce incompatible uses which compromise the nature and 
character of the area or causing physical damage to it;
    (c) Conflict with adjacent ownerships or land uses; or
    (d) Cause a nuisance to adjacent owners or occupants.

    Based on this determination, this regulation is categorically 
excluded from the procedural requirements of the National Environmental 
Policy Act (NEPA) by Departmental guidelines in 516 DM 6 (49 FR 21438). 
As such, neither an Environmental Assessment (EA) nor an Environmental 
Impact Statement (EIS) has been prepared.

List of Subjects in 36 CFR Part 1

    National parks, Penalties, Reporting and recordkeeping 
requirements.

    In consideration of the foregoing, 36 CFR Chapter I is amended as 
follows:

PART 1--GENERAL PROVISIONS

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

    Authority: 16 U.S.C. 1, 3, 460 1-6a(e), 469(k); D.C. Code 8-137, 
40-721 (1981).

    2. Section 1.3 is revised to read as follows:

Sec. 1.3  Penalties

    (a) A person convicted of violating a provision of the regulations 
contained in Parts 1 through 7, 12 and 13 of this chapter, within a 
park area not covered in paragraphs (b) or (c) of this section, shall 
be punished by a fine as provided by law, or by imprisonment not 
exceeding 6 months, or both, and shall be adjudged to pay all costs of 
the proceedings.

    (b) A person who knowingly and will- fully violates any provision 
of the regulations contained in parts 1 through 5, 7 and 12 of this 
chapter, within any national military park, battlefield site, national 
monument, or miscellaneous memorial transferred to the jurisdiction of 
the Secretary of the Interior from that of the Secretary of War by 
Executive Order No. 6166, June 10, 1933, and enumerated in Executive 
Order No. 6228, July 28, 1933, shall be punished by a fine as provided 
by law, or by imprisonment for not more than 3 months, or by both.

    Note: These park areas are enumerated in a note under 5 U.S.C. 
901.

    (c) A person convicted of violating any provision of the 
regulations contained in parts 1 through 7 of this chapter, within a 
park area established pursuant to the Act of August 21, 1935, 49 Stat. 
666, shall be punished by a fine as provided by law and shall be 
adjudged to pay all costs of the proceedings. 16 U.S.C. 462.

    (d) Notwithstanding the provisions of paragraphs (a), (b) and (c) 
of this section, a person convicted of violating Sec. 2.23 of this 
chapter shall be punished by a fine as provided by law. 16 U.S.C. 460.

    Dated: October 20, 1995.

George T. Frampton, Jr.,

Assistant Secretary for Fish and Wildlife and Parks.

[FR Doc. 96-1748 Filed 1-29-96; 8:45 am]

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