[Federal Register Volume 81, Number 129 (Wednesday, July 6, 2016)]
[Rules and Regulations]
[Pages 43941-43942]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-16009]
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DEPARTMENT OF THE INTERIOR
National Indian Gaming Commission
25 CFR Part 575
Civil Penalty Inflation Adjustment
AGENCY: National Indian Gaming Commission.
ACTION: Interim final rule.
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SUMMARY: In compliance with the Federal Civil Penalties Inflation
Adjustment Act Improvements Act of 2015 and Office of Management and
Budget (OMB) guidance, this rule adjusts the level of the civil
monetary penalty, contained in the National Indian Gaming Commission's
(NIGC or Commission) regulation, with an initial ``catch-up''
adjustment.
DATES: This interim final rule will have an effective date of August 1,
2016.
FOR FURTHER INFORMATION CONTACT: Contact Armando J. Acosta, Senior
Attorney, Office of General Counsel, National Indian Gaming Commission,
at (202) 632-7003; fax (202) 632-7066 (not toll-free numbers).
SUPPLEMENTARY INFORMATION:
I. Background
On November 2, 2015, the President signed into law the Federal
Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (Sec.
701 of Pub. L. 114-74) (the Act). The Act requires federal agencies to
adjust the level of civil monetary penalties with an initial ``catch-
up'' adjustment through an interim final rulemaking and then make
subsequent annual adjustments for inflation. A civil monetary penalty
is any assessment with a dollar amount that is levied for a violation
of a federal civil statute or regulation, and is assessed or
enforceable through a civil action in federal court or an
administrative proceeding.
II. Calculation of Adjustment
The OMB issued guidance on calculating the catch-up adjustment. See
February 24, 2016, Memorandum for the Heads of Executive Departments
and Agencies, from Shaun Donovan, Director, Office of Management and
Budget, Subject: Implementation of the Federal Civil Penalties
Inflation Adjustment Act Improvements Act of 2015. Under this guidance,
the Commission has identified one applicable civil monetary penalty and
calculated the catch-up adjustment. This rule adjusts the level of the
civil monetary penalty contained in 25 CFR 575.4 (``The Chairman may
assess a civil fine, not to exceed $25,000 per violation, against a
tribe, management contractor, or individual operating Indian gaming for
each notice of violation . . .''). The OMB provided to agencies a table
of multipliers to adjust the penalty level based on the year that the
penalty was established or last adjusted by statute or regulation. The
multiplier for 1988 (when the Indian Gaming Regulatory Act was enacted)
is 1.97869 ($25,000 x 1.97869 = $49,467).
III. Regulatory Matters
Regulatory Planning and Review
This interim final rule is not a significant rule and OMB has
reviewed this rule under Executive Order 12866. This rule provides an
initial catch-up adjustment of penalties to account for inflation.
(1) This rule will not have an effect of $100 million or more on
the economy or will not adversely affect, in a material way, the
economy, productivity, competition, jobs, the environment, public
health or safety, or state, local, or tribal governments or
communities.
(2) This rule will not create a serious inconsistency or otherwise
interfere with an action taken or planned by another agency.
(3) This rule does not involve entitlements, grants, user fees, or
loan programs or the rights or obligations of recipients.
(4) This regulatory change does not raise novel legal or policy
issues.
Regulatory Flexibility Act
The Commission certifies that this document will not have a
significant economic effect on a substantial number of small entities
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) because the
rule makes adjustments for inflation.
[[Page 43942]]
Small Business Regulatory Enforcement Fairness Act
This interim final rule is not a major rule under 5 U.S.C. 804(2),
the Small Business Regulatory Enforcement Fairness Act. It will not
result in the expenditure by state, local, or tribal governments, in
the aggregate, or by the private sector of $100 million or more in any
one year. The rule will not result in a major increase in costs or
prices for consumers, individual industries, federal, state, or local
government agencies, or geographic regions. Nor will this rule have
significant adverse effects on competition, employment, investment,
productivity, innovation, or the ability of the U.S.-based enterprises
to compete with foreign-based enterprises.
Unfunded Mandates Reform Act
This interim final rule does not impose an unfunded mandate of more
than $100 million per year on state, local, or tribal governments or
the private sector. The rule also does not have a significant or unique
effect on state, local, or tribal governments or the private sector.
Therefore, a statement containing the information required by the
Unfunded Mandates Reform Act (2 U.S.C. 1531 et seq.) is not required.
Takings
Under the criteria in Executive Order 12630, this interim final
rule does not affect individual property rights protected by the Fifth
Amendment nor does it involve a compensable ``taking.'' Thus, a takings
implication assessment is not required.
Federalism
Under the criteria in Executive Order 13132, this interim final
rule has no substantial direct effect on the states, on the
relationship between the national government and the states, or on the
distribution of power and responsibilities among the various levels of
government.
Civil Justice Reform
This interim final rule complies with the requirements of Executive
Order 12988. Specifically, this rule has been reviewed to eliminate
errors and ambiguity and written to minimize litigation. It is written
in clear language and contains clear legal standards.
Consultation with Indian Tribes
In accordance with the President's memorandum of April 29, 1994,
Government-to-Government Relations with Native American Tribal
Governments, Executive Order 13175 (59 FR 22951, November 6, 2000), the
Commission has determined that consultations with Indian gaming tribes
is not practicable, as Congress has mandated that the civil penalty
adjustments in the Act be implemented no later than August 1, 2016.
Paperwork Reduction Act
This interim final rule does not affect any information collections
under the Paperwork Reduction Act.
National Environmental Policy Act
This interim final rule does not constitute a major federal action
significantly affecting the quality of the human environment.
Information Quality Act
In developing this interim final rule, the Commission did not
conduct or use a study, experiment, or survey requiring peer review
under the Information Quality Act (Pub. L. 106-554).
Effects on the Energy Supply
This interim final rule is not a significant energy action under
the definition in Executive Order 13211. A Statement of Energy Effects
is not required.
Clarity of this Regulation
The Commission is required by Executive Orders 12866 and 12988 and
by the Presidential Memorandum of June 1, 1998, to write all rules in
plain language. This means that each rule that the Commission publishes
must:
(a) Be logically organized;
(b) use the active voice to address readers directly;
(c) use clear language rather than jargon;
(d) be divided into short sections and sentences; and
(e) use lists and tables wherever possible.
Required Determinations Under the Administrative Procedure Act
The Federal Civil Penalties Inflation Adjustment Act Improvements
Act of 2015 requires agencies to adjust penalties for the catch-up
adjustment through an interim final rulemaking. Therefore, the
Commission is not required to complete a notice and comment process
prior to promulgation.
List of Subjects in 25 CFR Part 575
Administrative practice and procedure, Gaming, Indian lands,
Penalties.
For the reasons set forth in the preamble, the Commission amends 25
CFR part 575 as follows:
PART 575--CIVIL FINES
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1. The authority citation for part 575 is revised to read as follows:
Authority: 25 U.S.C. 2705(a), 2706, 2713, 2715; and Sec. 701,
Pub. L. 114-74, 129 Stat. 599.
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2. Amend the introductory text of Sec. 575.4 by removing ``$25,000''
and adding in its place ``$49,467''.
Dated: June 28, 2016.
Jonodev O. Chaudhuri,
Chairman,
Kathryn Isom-Clause,
Vice Chairwoman,
E. Sequoyah Simermeyer,
Associate Commissioner.
[FR Doc. 2016-16009 Filed 7-5-16; 8:45 am]
BILLING CODE 7565-01-P