[Federal Register Volume 67, Number 169 (Friday, August 30, 2002)]
[Rules and Regulations]
[Pages 55728-55729]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-22152]


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NATIONAL SCIENCE FOUNDATION

45 CFR Part 672


Antarctic Conservation Act of 1978, Civil Monetary Penalties

AGENCY: National Science Foundation.

ACTION: Final rule with a request for comments.

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SUMMARY: The National Science Foundation (NSF) is adjusting civil 
monetary penalties that may be imposed for violations of the Antarctic 
Conservation Act of 1978 to reflect inflation since the last effective 
adjustment.

DATES: This rule is effective September 30, 2002.
    Comments, however, are welcome at any time and will be considered 
in making future revisions.

[[Page 55729]]


ADDRESSES: All comments should be addressed to: John Chester, Assistant 
General Counsel, Office of the General Counsel, Room 1265, National 
Science Foundation, 4201 Wilson Boulevard, Arlington, VA 22230.

FOR FURTHER INFORMATION CONTACT: John Chester on (703) 292-8060 (voice) 
and (703) 2926-9041 (facsimile)--those are not toll-free numbers--or by 
electronic mail as [email protected] through INTERNET.

SUPPLEMENTARY INFORMATION: The Federal Civil Penalties Inflation 
Adjustment Act of 1990 (104 Stat. 890; 28 U.S.C. 2461 note) as amended 
by the Debt Collection Improvement Act of 1996 [section 31001(s)(1) of 
the Omnibus Consolidated Rescissions and Appropriations Act of 1996, 
Pub. L. 104-134, approved 4/26/96] directs each Federal agency to 
adjust, by regulation, each civil monetary penalty provided by law 
within the jurisdiction of that agency to compensate for the effects of 
inflation. The only civil monetary penalties within the jurisdiction of 
the National Science Foundation are those imposed for violations of the 
Antarctic Conservation Act of 1978 (16 U.S.C. 2401 et seq.). On June 
16, 1998 NSF published an amendment to its rules governing enforcement 
of that law adding a new section setting out the penalties for 
inadvertent and deliberate violations and adjusting those penalties for 
inflation as provided in the Debt Collection Improvement Act. The 
General Accounting Office recently informed the Foundation that the 
second adjustment made at that time exceeded the amount allowable under 
the cited statute. This amendment corrects that error by recognizing 
that the second adjustment was ineffective and therefore the initial 
adjustment remained in effect. It also adjusts the penalty amounts for 
violations occurring after August 31, 2002 to reflect the approximately 
nine percent inflation from June 1998, the year when the penalty was 
adjusted, through June 2001. Because of the rounding rules applicable 
to these adjustments, no change will be made to the penalty for knowing 
violations. This amendment also changes the language used to describe 
the two levels of violations to incorporate that used in the relevant 
section of the Antarctic Conservation Act [16 U.S.C. 2407(a)].
    Future adjustments will be made at least once every four years as 
called for in the amended Debt Collection Improvement Act.
    Because this action merely makes adjustments required by statute, 
public comments were not solicited prior to its issuance.

Determinations

    Under the criteria set forth in Executive Order 12866 as amended by 
Executive Order 13258, that this rule is not a significant regulatory 
action requiring review by the Office of Information and Regulatory 
Affairs. Consequently, this rule is also not subject to Executive 
Orders 13045 and 13211.
    The rule is not an economically significant rule or a major rule 
under the Congressional Review Act. The Congressional Review Act 
provides that agencies shall submit a report, including a copy of all 
final rules, to each House of Congress and the Comptroller General of 
the United States. The Foundation will submit this report, identifying 
this rule as non-major, upon the publication of this rule in the 
Federal Register.
    The Unfunded Mandate Reform Act of 1995, in sections 202 and 205, 
requires that agencies prepare several analytic statements before 
proposing a rule that may result in annual expenditures of $100 million 
by State, local and Indian tribal governments, or by the private 
sector. As this rule will not result in expenditures of that magnitude, 
such statements are not necessary. As required by the Regulatory 
Flexibility Act, it is hereby certified that this rule will not have a 
significant impact on a substantial number of small businesses.
    The provisions of the Paperwork Reduction Act of 1995, Public Law 
104-13, 44 U.S.C. 3501 et seq., 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 does not 
have a substantial direct effect on one or more Indian tribes, on the 
relationship between the Federal Government and Indian tribes, or on 
the distribution of power and responsibilities between the Federal 
Government and Indian tribes as specified by Executive Order 13175 and 
accordingly is not subject to that Order. Finally, NSF has reviewed 
this rule in light of Section 2 of Executive Order 12778 and certifies 
that this rule meets the applicable standards provided in sections 2(a) 
and 2(b) of that order.

List of Subjects in 45 CFR Part 672

    Administrative practice and procedure, Antarctica.


    For the reasons set out in the preamble, 45 CFR Part 672 is amended 
as follows:

PART 672--ENFORCEMENT AND HEARING PROCEDURES; TOURISM GUIDELINES

    1. The authority citation for Part 672 continues to read as 
follows:

    Authority: 16 U.S.C. 2401 et seq., 28 U.S.C. 2461 note


    2. Revise Sec. 672.24 to read as follows:


Sec. 672.24  Maximum civil monetary penalties for violations.

    (a) For violations occurring before August 1, 1998, the maximum 
civil penalty that may be assessed under Secs. 672.20(b) and 672.23(a) 
is set by the statute at $5,000 for any violation and $10,000 for 
knowing violations.
    (b) For violations occurring between August 1, 1998 and August 31, 
2002, the maximum civil penalty was adjusted under authority of the 
Federal Civil Penalties Inflation Adjustment Act of 1990 (28 U.S.C. 
2461 note) as amended by the Debt Collection Improvement Act of 1996 
(Pub. L. 104-134) to $5,500 for any violation and $11,000 for knowing 
violations.
    (c) For violations occurring after August 31, 2002, the maximum 
civil penalty is adjusted under authority of the Federal Civil 
Penalties Inflation Adjustment Act of 1990 (28 U.S.C. 2461 note) as 
amended by the Debt Collection Improvement Act of 1996 (Pub. L. 104-
134) to $6,500 for any violation and $11,000 for knowing violations.

National Science Foundation.

    Dated: July 18, 2002.
Lawrence Rudolph,
General Counsel.
[FR Doc. 02-22152 Filed 8-29-02; 8:45 am]
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