[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] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF THE INTERIOR National Park Service 36 CFR Part 1 RIN 1024-AC06 Penalty Provisions AGENCY: National Park Service, Interior. ACTION: Final rule. ----------------------------------------------------------------------- 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] BILLING CODE 4310-70-M