[Federal Register Volume 86, Number 54 (Tuesday, March 23, 2021)]
[Rules and Regulations]
[Pages 15427-15428]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-05779]



[[Page 15427]]

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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 11

[Docket No. FWS-HQ-LE-2020-0139; FF09L00200-FX-LE12200900000]
RIN 1018-BF11


Civil Penalties; 2021 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 2021 inflation 
adjustment multiplier provided in the OMB guidance.

DATES: This rule is effective March 23, 2021.

ADDRESSES: This rule may be found on the internet at http://www.regulations.gov in Docket No. FWS-HQ-LE-2020-0139.

FOR FURTHER INFORMATION CONTACT: Victoria Owens, 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.
    The Federal Civil Penalties Inflation Adjustment Act Improvements 
Act of 2015 (sec. 701 of Pub. L. 114-74) (Inflation Adjustment Act) 
required 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, 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 that the initial ``catch 
up adjustment'' 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) to carry out the 
Inflation Adjustment Act. The Service subsequently published a final 
rule to that interim rule on December 23, 2016 (81 FR 94274). The 
Service published final rules in 2017, 2018, and 2019, further 
adjusting the civil penalty amounts in 50 CFR 11.33 per OMB guidance 
(82 FR 6307, January 19, 2017; 83 FR 5950, February 12, 2018; and 84 FR 
15525, April 16, 2019). Most recently, we published a final rule on 
February 24, 2020, updating the civil penalty amounts with the 2020 
inflation multiplier (85 FR 10310). This final rule adjusts the civil 
monetary penalty amounts that were listed in the 2020 final rule and 
subsequently codified at 50 CFR 11.33 by using the 2021 inflation 
multiplier provided to all Federal agencies by OMB (see below).
    OMB issued a memorandum, M-21-10, entitled ``Implementation of 
Penalty Inflation Adjustments for 2021, Pursuant to the Federal Civil 
Penalties Inflation Adjustment Act Improvements Act of 2015,'' which 
provides the cost-of-living adjustment multiplier for 2021: 1.01182. 
Therefore, we multiplied each penalty in the table in 50 CFR 11.33 by 
1.01182 to obtain the 2021 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 affirm the required determinations we 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.

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 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 24, 2020, 
final rule (85 FR 10310) 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.

[[Page 15428]]

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.

* * * * *

----------------------------------------------------------------------------------------------------------------
                                                                                                   Maximum civil
               Law                               Citation                   Type of violation        monetary
                                                                                                      penalty
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(a) African Elephant Conservation  16 U.S.C. 4224(b)..................  Any violation...........         $10,832
 Act.
(b) Bald and Golden Eagle          16 U.S.C. 668(b)...................  Any violation...........          13,685
 Protection Act.
(c) Endangered Species Act of      16 U.S.C. 1540(a)(1)...............  (1) Knowing violation of          54,157
 1973.                                                                   section 1538.                    25,995
                                                                        (2) Other knowing                  1,368
                                                                         violation.
                                                                        (3) Any other violation.
(d) Lacey Act Amendments of 1981.  16 U.S.C. 3373(a)..................  (1) Violations referred           27,371
                                                                         to in 16 U.S.C.                     684
                                                                         3373(a)(1).
                                                                        (2) Violations referred
                                                                         to in 16 U.S.C.
                                                                         3373(a)(2).
(e) Marine Mammal Protection Act   16 U.S.C. 1375.....................  Any violation...........          27,371
 of 1972.
(f) Recreational Hunting Safety    16 U.S.C. 5202(b)..................  (1) Violation involving           17,416
 Act of 1994.                                                            use of force or                   8,708
                                                                         violence or threatened
                                                                         use of force or
                                                                         violence.
                                                                        (2) Any other violation.
(g) Rhinoceros and Tiger           16 U.S.C. 5305a(b)(2)..............  Any violation...........          19,053
 Conservation Act of 1998.
(h) Wild Bird Conservation Act...  16 U.S.C. 4912(a)(1)...............  (1) Violation of section          45,907
                                                                         4910(a)(1), section              22,034
                                                                         4910(a)(2), or any                  919
                                                                         permit issued under
                                                                         section 4911.
                                                                        (2) Violation of section
                                                                         4910(a)(3).
                                                                        (3) Any other violation.
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Shannon A. Estenoz,
Principal Deputy Assistant Secretary for Fish and Wildlife and Parks, 
Exercising the Delegated Authority of the Assistant Secretary for Fish 
and Wildlife and Parks.
[FR Doc. 2021-05779 Filed 3-22-21; 8:45 am]
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