[Federal Register Volume 88, Number 19 (Monday, January 30, 2023)]
[Rules and Regulations]
[Pages 5796-5798]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-01726]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 11

[Docket No. FWS-HQ-LE-2022-0176; FF09L00200-FX-LE12200900000]
RIN 1018-BG74


Civil Penalties; 2023 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 2023 inflation 
adjustment multiplier provided in the OMB guidance.

DATES: This rule is effective January 30, 2023.

ADDRESSES: This rule may be found on the internet at https://www.regulations.gov in Docket No. FWS-HQ-LE-2022-0176.

FOR FURTHER INFORMATION CONTACT: Douglas Ault, Special Agent in Charge, 
Headquarters Investigations Unit, U.S. Fish and Wildlife Service, 
Office of Law Enforcement, (703) 358-2290. Individuals in the United 
States who are deaf, deafblind, hard of hearing, or have a speech 
disability may dial 711 (TTY, TDD, or TeleBraille) to access 
telecommunications relay services. Individuals outside the United 
States should use the relay services offered within their country to 
make international calls to the point-of-contact in the United States.

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 has published final rules every year thereafter, 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;
     84 FR 15525, April 16, 2019;

[[Page 5797]]

     85 FR 10310, February 24, 2020;
     86 FR 15427, March 23, 2021; and
     87 FR 13948, March 11, 2022.
    This final rule adjusts the civil monetary penalty amounts that 
were listed in the 2022 final rule and subsequently codified at 50 CFR 
11.33 by using the 2023 inflation multiplier provided to all Federal 
agencies by OMB (see below).
    OMB issued a memorandum, M-23-05, entitled ``Implementation of 
Penalty Inflation Adjustments for 2023, Pursuant to the Federal Civil 
Penalties Inflation Adjustment Act Improvements Act of 2015,'' which 
provides the cost-of-living adjustment multiplier for 2023: 1.07745. 
Therefore, we multiplied each penalty in the table in 50 CFR 11.33 by 
1.07745 to obtain the 2023 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 addition, 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 March 11, 2022, final 
rule (87 FR 13948) 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. Amend Sec.  11.33 by revising paragraphs (a) through (h) in the 
table 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.............         $12,397
(b) Bald and Golden Eagle Protection Act  16 U.S.C. 668(b)..........  Any violation.............          15,662
(c) Endangered Species Act of 1973......  16 U.S.C. 1540(a)(1)......  (1) Knowing violation of            61,982
                                                                       section 1538.                      29,751
                                                                      (2) Other knowing                    1,566
                                                                       violation.
                                                                      (3) Any other violation...
(d) Lacey Act Amendments of 1981........  16 U.S.C. 3373(a).........  (1) Violations referred to          31,326
                                                                       in 16 U.S.C. 3373(a)(1).              783
                                                                      (2) Violations referred to
                                                                       in 16 U.S.C. 3373(a)(2).
(e) Marine Mammal Protection Act of 1972  16 U.S.C. 1375............  Any violation.............          31,326
(f) Recreational Hunting Safety Act of    16 U.S.C. 5202(b).........  (1) Violation involving             19,933
 1994.                                                                 use of force or violence            9,966
                                                                       or threatened use of
                                                                       force or violence.
                                                                      (2) Any other violation...
(g) Rhinoceros and Tiger Conservation     16 U.S.C. 5305a(b)(2).....  Any violation.............          21,805
 Act of 1998.

[[Page 5798]]

 
(h) Wild Bird Conservation Act..........  16 U.S.C. 4912(a)(1)......  (1) Violation of section            52,540
                                                                       4910(a)(1), section                25,218
                                                                       4910(a)(2), or any permit           1,052
                                                                       issued under section 4911.
                                                                      (2) Violation of section
                                                                       4910(a)(3).
                                                                      (3) Any other violation...
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Shannon A. Estenoz,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 2023-01726 Filed 1-27-23; 8:45 am]
BILLING CODE 4333-15-P