[Federal Register Volume 88, Number 12 (Thursday, January 19, 2023)]
[Rules and Regulations]
[Pages 3315-3317]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-00982]


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DEPARTMENT OF THE INTERIOR

Office of the Secretary of the Interior

43 CFR Part 10

[NPS-WASO-NAGPRA-33240; PPWOVPADU0/PPMPRLE1Y.Y00000]
RIN 1024-AE78


Civil Penalties Inflation Adjustments

AGENCY: Office of the Secretary, Interior.

ACTION: Final rule.

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SUMMARY: This rule revises U.S. Department of the Interior regulations 
implementing the Native American Graves Protection and Repatriation Act 
to provide for annual adjustments of civil penalties to account for 
inflation under the Federal Civil Penalties Inflation Adjustment Act 
Improvements Act of 2015 and Office of Management and Budget guidance. 
The purpose of these adjustments is to maintain the deterrent effect of 
civil penalties and to further the policy goals of the underlying 
statute.

DATES: This rule is effective on January 19, 2023.

FOR FURTHER INFORMATION CONTACT: Melanie O'Brien, Manager, National 
NAGPRA Program, (202) 354-2204, National Park Service, 1849 C Street 
NW, Washington, DC 20240.

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 annually for inflation 
no later than January 15 of each year.

II. Calculation of Annual Adjustments

    The Office of Management and Budget (OMB) recently issued guidance 
to assist Federal agencies in implementing the annual adjustments 
required by the Act which agencies must complete by January 15, 2023. 
See December 15, 2022, Memorandum for the Heads of Executive 
Departments and Agencies, from Shalanda D. Young, Director, Office of 
Management and Budget, re: Implementation of Penalty Inflation 
Adjustments for 2023, Pursuant to the Federal Civil Penalties Inflation 
Adjustment Act Improvements Act of 2015 (M-23-05). The guidance states 
that the cost-of-living adjustment multiplier for 2023, based on the 
Consumer Price Index (CPI-U) for the month of October 2022, not 
seasonally adjusted, is 1.07745.
    Annual inflation adjustments are based on the percent change 
between each published October's CPI-U. In this case, October 2022 CPI-
U (298.012)/October 2021 CPI-U (276.589) = 1.07745.) The guidance 
instructs agencies to complete the 2023 annual adjustment by 
multiplying each applicable penalty by the multiplier, 1.07745, and 
rounding to the nearest dollar.
    The annual adjustment applies to all civil monetary penalties with 
a dollar amount that are subject to the Act. 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. A civil monetary penalty does not include a 
penalty levied for violation of a criminal statute, or fees for 
services, licenses, permits, or other regulatory review. This final 
rule adjusts the following civil monetary penalties contained in the 
Department regulations implementing the Native American Graves 
Protection and Repatriation Act (NAGPRA) for 2023 by multiplying 
1.07745 by each penalty amount as updated by the adjustment made in 
2022:

----------------------------------------------------------------------------------------------------------------
                                                                      Current
                                                                      penalty         Annual
             CFR citation                  Description of the        including      adjustment       Adjusted
                                                 penalty             catch-up      (multiplier)       penalty
                                                                    adjustment
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43 CFR 10.12(g)(2)....................  Failure of Museum to              $7,475         1.07745          $8,054
                                         Comply.
43 CFR 10.12(g)(3)....................  Continued Failure to               1,496         1.07745           1,612
                                         Comply Per Day.
----------------------------------------------------------------------------------------------------------------

    Consistent with the Act, the adjusted penalty levels for 2023 will 
take effect immediately upon the effective date of the adjustment. The 
adjusted penalty levels for 2023 will apply to penalties assessed after 
that date including, if consistent with agency policy, assessments 
associated with violations that occurred on or after November 2, 2015. 
The Act does not, however, change previously assessed penalties that 
the Department is collecting or has collected. Nor does the Act change 
an agency's existing statutory authorities to adjust penalties.

[[Page 3316]]

III. Procedural Requirements

A. Regulatory Planning and Review (E.O. 12866 and 13563)

    Executive Order 12866 provides that the Office of Information and 
Regulatory Affairs in the Office of Management and Budget will review 
all significant rules. The Office of Information and Regulatory Affairs 
has determined that this rule is not significant.
    Executive Order 13563 reaffirms the principles of E.O. 12866 while 
calling for improvements in the nation's regulatory system to promote 
predictability, to reduce uncertainty, and to use the best, most 
innovative, and least burdensome tools for achieving regulatory ends. 
The executive order directs agencies to consider regulatory approaches 
that reduce burdens and maintain flexibility and freedom of choice for 
the public where these approaches are relevant, feasible, and 
consistent with regulatory objectives. E.O. 13563 emphasizes further 
that regulations must be based on the best available science and that 
the rulemaking process must allow for public participation and an open 
exchange of ideas. We have developed this rule in a manner consistent 
with these requirements.

B. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) requires an agency to prepare 
a regulatory flexibility analysis for rules unless the agency certifies 
that the rule will not have a significant economic impact on a 
substantial number of small entities. The RFA applies only to rules for 
which an agency is required to first publish a proposed rule. See 5 
U.S.C. 603(a) and 604(a). The RFA does not apply to this final rule 
because the Office of the Secretary is not required to publish a 
proposed rule for the reasons explained below in Section III.L.

C. Congressional Review Act (CRA)

    This rule is not a major rule under 5 U.S.C. 804(2), the CRA. This 
rule:
    (a) Does not have an annual effect on the economy of $100 million 
or more.
    (b) Will not cause a major increase in costs or prices for 
consumers, individual industries, Federal, State, or local government 
agencies, or geographic regions.
    (c) Does not have significant adverse effects on competition, 
employment, investment, productivity, innovation, or the ability of 
U.S.-based enterprises to compete with foreign-based enterprises.

D. Unfunded Mandates Reform Act

    This rule does not impose an unfunded mandate on State, local, or 
tribal governments, or the private sector of more than $100 million per 
year. The rule does not have a significant or unique effect on State, 
local, or tribal governments or the private sector. A statement 
containing the information required by the Unfunded Mandates Reform Act 
(2 U.S.C. 1531 et seq.) is not required.

E. Takings (E.O. 12630)

    This rule does not effect a taking of private property or otherwise 
have taking implications under Executive Order 12630. A takings 
implication assessment is not required.

F. Federalism (E.O. 13132)

    Under the criteria in section 1 of Executive Order 13132, this rule 
does not have sufficient federalism implications to warrant the 
preparation of a federalism summary impact statement. A federalism 
summary impact statement is not required.

G. Civil Justice Reform (E.O. 12988)

    This rule complies with the requirements of E.O. 12988. 
Specifically, this rule:
    (a) Meets the criteria of section 3(a) requiring that all 
regulations be reviewed to eliminate errors and ambiguity and be 
written to minimize litigation; and
    (b) Meets the criteria of section 3(b)(2) requiring that all 
regulations be written in clear language and contain clear legal 
standards.

H. Consultation With Indian Tribes (E.O. 13175 and Departmental Policy)

    The Department of the Interior strives to strengthen its 
government-to-government relationship with Indian tribes through a 
commitment to consultation with Indian tribes and recognition of their 
right to self-governance and tribal sovereignty. The Department has 
evaluated this rule under its consultation policy and under the 
criteria in Executive Order 13175 and has determined that the rule has 
no substantial direct effects on federally recognized Indian tribes and 
that consultation under the Department's tribal consultation policy is 
not required.

I. Paperwork Reduction Act

    This rule does not contain information collection requirements, and 
a submission to the Office of Management and Budget under the Paperwork 
Reduction Act (44 U.S.C. 3501 et seq) is not required. We may not 
conduct or sponsor, and you are not required to respond to, a 
collection of information unless it displays a currently valid OMB 
control number.

J. National Environmental Policy Act (NEPA)

    This rule does not constitute a major Federal action significantly 
affecting the quality of the human environment. A detailed statement 
under the NEPA is not required because the rule is covered by a 
categorical exclusion. This rule is excluded from the requirement to 
prepare a detailed statement because it is a regulation of an 
administrative nature. (For further information see 43 CFR 46.210(i).) 
We have also determined that the rule does not involve any of the 
extraordinary circumstances listed in 43 CFR 46.215 that would require 
further analysis under NEPA.

K. Effects on the Energy Supply (E.O. 13211)

    This rule is not a significant energy action under the definition 
in Executive Order 13211; the rule is not likely to have a significant 
adverse effect on the supply, distribution, or use of energy, and the 
rule has not otherwise been designated by the Administrator of Office 
of Information and Regulatory Affairs as a significant energy action. A 
Statement of Energy Effects is not required.

L. Administrative Procedure Act

    The Act requires agencies to publish annual inflation adjustments 
by no later than January 15 of each year, notwithstanding section 553 
of the Administrative Procedure Act (APA) (5 U.S.C. 553). OMB has 
interpreted this direction to mean that the usual procedure for 
rulemaking under the APA--which includes public notice of a proposed 
rule, an opportunity for public comment, and a delay in the effective 
date of a final rule--is not required when agencies issue regulations 
to implement the annual adjustments to civil penalties that the Act 
requires. Accordingly, we are issuing the 2023 annual adjustments as a 
final rule without prior notice or an opportunity for comment and with 
an effective date immediately upon publication in the Federal Register.

List of Subjects in 43 CFR Part 10

    Administrative practice and procedure, Hawaiian Natives, Historic 
preservation, Indians--claims, Indians--lands, Museums, Penalties, 
Public lands, Reporting and recordkeeping requirements.

    For the reasons given in the preamble, the Office of the Secretary 
amends 43 CFR part 10 as follows:

[[Page 3317]]

PART 10--NATIVE AMERICAN GRAVES PROTECTION AND REPATRIATION 
REGULATIONS

0
1. The authority citation for part 10 continues to read as follows:

    Authority: 16 U.S.C. 470dd; 25 U.S.C. 9, 3001 et seq.


Sec.  10.12   [Amended]

0
2. In Sec.  10.12:
0
a. In paragraph (g)(2) introductory text, remove ``$7,475'' and add in 
its place ``$8,054''.
0
b. In paragraph (g)(3), remove ``$1,496'' and add in its place 
``$1,612''.

Signing Authority

    Shannon Estenoz, Assistant Secretary for Fish and Wildlife and 
Parks, approved this action on January 9, 2023, for publication. On 
January 13, 2023, Shannon Estenoz authorized the undersigned to sign 
and submit the document to the Office of the Federal Register for 
publication electronically as an official document of the Department of 
the Interior.

Maureen D. Foster,
Chief of Staff, Office of the Assistant Secretary for Fish and Wildlife 
and Parks.
[FR Doc. 2023-00982 Filed 1-18-23; 8:45 am]
BILLING CODE 4312-52-P