[Federal Register Volume 82, Number 12 (Thursday, January 19, 2017)]
[Rules and Regulations]
[Pages 6307-6309]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-00889]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 11

[Docket No. FWS-HQ-LE-2017-0001; FF09L00200-FX-LE18110900000]
RIN 1018-BB97


Civil Penalties; 2017 Inflation Adjustments for Civil Monetary 
Penalties

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Final rule.

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SUMMARY: The U.S. Fish and Wildlife Service (Service or we) is issuing 
this final rule, in accordance with the Federal Civil Penalties 
Inflation Adjustment Act Improvements Act of 2015 (Inflation Adjustment 
Act) and Office of Management and Budget (OMB) guidance, to adjust for 
inflation the statutory civil monetary penalties that may be assessed 
for violations of Service-administered statutes and their implementing 
regulations. We are required to adjust civil monetary penalties 
annually for inflation according to a formula specified in the 
Inflation Adjustment Act. This rule replaces the previously issued 
amounts with the updated amounts after using the 2017 inflation 
adjustment multiplier provided in the OMB guidance.

DATES: This rule is effective January 19, 2017.

ADDRESSES: This rule may be found on the internet at 
www.regulations.gov in Docket No. FWS-HQ-LE-2017-0001. The previous 
rulemaking action related to this rule and described below in 
SUPPLEMENTARY INFORMATION may be found at www.regulations.gov in Docket 
No. FWS-HQ-LE-2016-0045.

FOR FURTHER INFORMATION CONTACT: Paul Beiriger, Special Agent in 
Charge, Branch of Investigations, U.S. Fish and Wildlife Service, 
Office of Law Enforcement, (703) 358-1949.

SUPPLEMENTARY INFORMATION:

Background

    The regulations in title 50 of the Code of Federal Regulations at 
50 CFR part 11 provide uniform rules and procedures for the assessment 
of civil penalties resulting from violations of certain laws and 
regulations enforced by the Service.
    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) (Inflation Adjustment Act). The Inflation 
Adjustment Act requires Federal agencies to adjust the

[[Page 6308]]

level of civil monetary penalties with an initial ``catch up'' 
adjustment through rulemaking and then make subsequent annual 
adjustments for inflation. The purpose of these adjustments is to 
maintain the deterrent effect of civil penalties and to further the 
policy goals of the underlying statutes.
    Under section 4 of the Federal Civil Penalties Inflation Adjustment 
Act of 1990, 28 U.S.C. 2461 note, as amended by the Inflation 
Adjustment Act, Pub. L. 114-74, 129 Stat. 584 (2015), each Federal 
agency is required to issue regulations adjusting for inflation the 
statutory civil monetary penalties (civil penalties) that can be 
imposed under the laws administered by that agency. The Inflation 
Adjustment Act provided for an initial ``catch up adjustment'' to take 
effect no later than August 1, 2016, followed by subsequent adjustments 
to be made no later than January 15 every year thereafter. This final 
rule adjusts the civil penalty amounts that may be imposed pursuant to 
each statutory provision beginning on the date specified above in 
DATES.
    On June 28, 2016, the Service published in the Federal Register an 
interim rule that revised 50 CFR part 11 (81 FR 41862). We did not 
receive any comments on the interim rule during the public comment 
period provided. Therefore, the interim rule became effective on July 
28, 2016, as specified in that rule. The Service subsequently published 
a final rule on December 23, 2016, adopting the interim rule as final 
(81 FR 94274). The current rule adjusts the civil monetary penalty 
amounts that were listed in the June 28, 2016, interim rule and 
subsequently codified in 50 CFR 11.33 by using the inflation multiplier 
provided to all Federal agencies by OMB (see below).
    OMB issued a memorandum, M-17-11, entitled ``Implementation of the 
2017 annual adjustment pursuant to the Federal Civil Penalties 
Inflation Adjustment Act Improvements Act of 2015,'' which provides the 
cost-of-living adjustment multiplier for 2017: 1.01636. Therefore, we 
multiplied each penalty in the table published in the interim rule on 
June 28, 2016 (81 FR 41862), by 1.01636 to obtain the 2017 annual 
adjustment. The new amounts are reflected in the table in the rule 
portion of this document and replace the current amounts in 50 CFR 
11.33.

Required Determinations

    In this final rule, we are affirming our required determinations 
made in the June 28, 2016, interim rule (81 FR 41862); for descriptions 
of our actions to ensure compliance with the following statutes and 
Executive Orders, see that rule:

National Environmental Policy Act (42 U.S.C. 4321 et seq.);
Regulatory Flexibility Act (5 U.S.C. 601 et seq.);
Small Business Regulatory Enforcement Fairness Act (5 U.S.C. 804(2));
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.);
Unfunded Mandates Reform Act (2 U.S.C. 1501 et seq.); and
Executive Orders 12630, 12866, 12988, 13132, 13175, 13211, and 13563.

Administrative Procedure Act

    As stated above, under section 4 of the Federal Civil Penalties 
Inflation Adjustment Act of 1990, 28 U.S.C. 2461 note, as amended by 
the Inflation Adjustment Act, Pub. L. 114-74, 129 Stat. 584 (2015), 
each Federal agency is required to issue regulations adjusting for 
inflation the statutory civil monetary penalties that can be imposed 
under the laws administered by that agency. The Inflation Adjustment 
Act provided for an initial ``catch up adjustment'' to take effect no 
later than August 1, 2016, followed by subsequent adjustments to be 
made no later than January 15 every year thereafter. This final rule 
adjusts the civil penalty amounts that may be imposed pursuant to each 
statutory provision beginning on the effective date of this rule. To 
comply with the Inflation Adjustment Act, we are issuing these 
regulations as a final rule.
    Section 553(b) of the Administrative Procedure Act (5 U.S.C. 551 et 
seq.) provides that, when an agency for good cause finds that notice 
and public procedure are impracticable, unnecessary, or contrary to the 
public interest, the agency may issue a rule without providing notice 
and an opportunity for prior public comment. The Service finds that 
providing for public comment before issuing this rule is unnecessary as 
this rulemaking is a nondiscretionary action. The Service is required 
to publish this rule in order to update the civil penalty amounts by 
the specified formula described above. The Service has no discretion to 
vary the amount of the adjustment to reflect any views or suggestions 
provided by commenters. Accordingly, it would serve no purpose to 
provide an opportunity for public comment prior to publication of this 
rule. Since this update to the June 28, 2016, interim rule (81 FR 
41862) is merely ministerial, we find that pre-publication notice and 
public comment with respect to the revisions set forth in this rule is 
unnecessary. We also believe that we have good cause under 5 U.S.C. 
553(d) to make this rule effective upon publication to meet the 
statutory deadline imposed by the Inflation Adjustment Act.

List of Subjects in 50 CFR Part 11

    Administrative practice and procedure, Exports, Fish, Imports, 
Penalties, Plants, Transportation, Wildlife.

Regulation Promulgation

    For the reasons described above, we amend part 11, subchapter B of 
chapter I, title 50 of the Code of Federal Regulations as set forth 
below.

PART 11--CIVIL PROCEDURES

0
1. The authority citation for part 11 continues to read as follows:

    Authority:  16 U.S.C. 470aa-470mm, 470aaa-470aaa-11, 668-668d, 
1361-1384, 1401-1407, 1531-1544, 3371-3378, 4201-4245, 4901-4916, 
5201-5207, 5301-5306; 18 U.S.C. 42-43; 25 U.S.C. 3001-3013; and Sec. 
107, Pub. L. 114-74, 129 Stat. 599, unless otherwise noted.


0
2. Revise the table in Sec.  11.33 to read as follows:


Sec.  11.33   Adjustments to penalties.

* * * * *

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                                                                                                 Maximum civil
                  Law                             Citation              Type of violation       monetary penalty
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(a) African Elephant Conservation Act..  16 U.S.C. 4224(b)........  Any violation............            $10,055
(b) Bald and Golden Eagle Protection     16 U.S.C. 668(b).........  Any violation............             12,705
 Act.
(c) Endangered Species Act of 1973.....  16 U.S.C. 1540(a)(1).....  (1) Knowing violation of              50,276
                                                                     section 1538.
                                                                    (2) Other knowing                     24,132
                                                                     violation.
                                                                    (3) Any other violation..              1,270
(d) Lacey Act Amendments of 1981.......  16 U.S.C. 3373(a)........  (1) Violations referred               25,409
                                                                     to in 16 U.S.C.
                                                                     3373(a)(1).

[[Page 6309]]

 
                                                                    (2) Violations referred                  635
                                                                     to in 16 U.S.C.
                                                                     3373(a)(2).
(e) Marine Mammal Protection Act of      16 U.S.C. 1375...........  Any violation............             25,409
 1972.
(f) Recreational Hunting Safety Act of   16 U.S.C. 5202(b)........  (1) Violation involving               16,169
 1994.                                                               use of force or violence
                                                                     or threatened use of
                                                                     force or violence.
                                                                    (2) Any other violation..              8,084
(g) Rhinoceros and Tiger Conservation    16 U.S.C. 5305a(b)(2)....  Any violation............             17,688
 Act of 1998.
(h) Wild Bird Conservation Act.........  16 U.S.C. 4912(a)(1).....  (1) Violation of section              42,618
                                                                     4910(a)(1), section
                                                                     4910(a)(2), or any
                                                                     permit issued under
                                                                     section 4911.
                                                                    (2) Violation of section              20,456
                                                                     4910(a)(3).
                                                                    (3) Any other violation..                853
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    Dated: January 10, 2017.
Michael J. Bean,
Principal Deputy Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 2017-00889 Filed 1-18-17; 8:45 am]
 BILLING CODE 4333-15-P