[Federal Register Volume 84, Number 73 (Tuesday, April 16, 2019)]
[Rules and Regulations]
[Pages 15525-15526]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-07578]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 11

[Docket No. FWS-HQ-LE-2018-0117; FF09L00200-FX-LE18110900000]
RIN 1018-BD05


Civil Penalties; 2019 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 2019 inflation 
adjustment multiplier provided in the OMB guidance.

DATES: This rule is effective April 16, 2019.

ADDRESSES: This rule may be found on the internet at http://www.regulations.gov in Docket No. FWS-HQ-LE-2018-0117. The previous 
rulemaking actions related to this rule and described below in 
SUPPLEMENTARY INFORMATION may be found at http://www.regulations.gov in 
Docket Nos. FWS-HQ-LE-2017-0097, FWS-HQ-LE-2017-0001, and FWS-HQ-LE-
2016-0045.

FOR FURTHER INFORMATION CONTACT: Dan Coil, 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 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, Public Law 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). On February 12, 2018, the Service published a final rule 
updating the civil penalty amounts with the 2018 inflation multiplier 
(83 FR 5950). This final rule adjusts the civil monetary penalty 
amounts that were listed in the February 12, 2018, final rule and 
subsequently codified at 50 CFR 11.33 by using the 2019 inflation 
multiplier provided to all Federal agencies by OMB (see below).
    OMB issued a memorandum, M-19-04, entitled ``Implementation of 
Penalty Inflation Adjustments for 2019, Pursuant to the Federal Civil 
Penalties Inflation Adjustment Act Improvements Act of 2015,'' which 
provides the cost-of-living adjustment multiplier for 2019: 1.02522. 
Therefore, we multiplied each penalty in the table published in the 
final rule on February 12, 2018 (83 FR 5950), by 1.02522 to obtain the 
2019 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.);
    Executive Orders 12630, 12866, 12988, 13132, 13175, 13211, and 
13563; and
    Executive Order 13771, Reducing Regulation and Controlling 
Regulatory Costs.
    This rule is not an Executive Order 13771 regulatory action because 
this rule is not significant under Executive Order 12866.

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, Public Law 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

[[Page 15526]]

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. Since this 
update to the February 12, 2018, final rule (83 FR 5950) is merely 
ministerial, we find that pre-publication notice and public comment 
with respect to the revisions set forth in this rule is unnecessary. 
The statutory deadline imposed by the Inflation Adjustment Act also 
gives us good cause under 5 U.S.C. 553(d) to make this rule effective 
upon publication.

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.............         $10,519
(b) Bald and Golden Eagle Protection Act  16 U.S.C. 668(b)..........  Any violation.............          13,291
(c) Endangered Species Act of 1973......  16 U.S.C. 1540(a)(1)......  (1) Knowing violation of            52,596
                                                                       section 1538.                      25,246
                                                                      (2) Other knowing                    1,329
                                                                       violation.
                                                                      (3) Any other violation...
(d) Lacey Act Amendments of 1981........  16 U.S.C. 3373(a).........  (1) Violations referred to          26,582
                                                                       in 16 U.S.C. 3373(a)(1).
                                                                      (2) Violations referred to             664
                                                                       in 16 U.S.C. 3373(a)(2).
(e) Marine Mammal Protection Act of 1972  16 U.S.C. 1375............  Any violation.............          26,582
(f) Recreational Hunting Safety Act of    16 U.S.C. 5202(b).........  (1) Violation involving             16,915
 1994.                                                                 use of force or violence
                                                                       or threatened use of
                                                                       force or violence.
                                                                      (2) Any other violation...           8,457
(g) Rhinoceros and Tiger Conservation     16 U.S.C. 5305a(b)(2).....  Any violation.............          18,504
 Act of 1998.
(h) Wild Bird Conservation Act..........  16 U.S.C. 4912(a)(1)......  (1) Violation of section            44,585
                                                                       4910(a)(1), section
                                                                       4910(a)(2), or any permit
                                                                       issued under section 4911.
                                                                      (2) Violation of section            21,400
                                                                       4910(a)(3).
                                                                      (3) Any other violation...             892
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    Dated: March 18, 2019.
Andrea Travnicek,
Principal Deputy Assistant Secretary, Fish and Wildlife and Parks, 
Exercising the Authority of the Assistant Secretary, Fish and Wildlife 
and Parks.
[FR Doc. 2019-07578 Filed 4-15-19; 8:45 am]
 BILLING CODE 4333-15-P