17434 Federal Register / Vol. 79, No. 60 / Friday, March 28, 2014 / Rules and Regulations 

1 In addition to the civil monetary penalties 

addressed in this rule, the Civil Rights Division’s 

Office of Special Counsel for Immigration-Related 

Unfair Employment Practices also has enforcement 

authority with respect to violations of section 274B 

of the Immigration and Nationality Act (INA), 8 

U.S.C. 1324b. The Department most recently made 

adjustments to penalties under section 274B as part 

of a joint rule published with the Department of 

Homeland Security on February 26, 2008 (73 FR 

10130). During the calculation of inflation 

adjustments for this rule, it was determined that 

neither the civil monetary penalty amounts under 

INA section 274B that were adjusted in 2008 nor 

the civil monetary penalty amounts under INA 

section 274B that were not eligible for adjustment 

in 2008 meet the threshold for adjustment at this 

time. 

DEPARTMENT OF JUSTICE 

28 CFR Parts 36 and 85 

[Docket No. CRT 127; AG Order No. 3324– 

2014] 

Civil Monetary Penalties Inflation 

Adjustment—Civil Rights Division 

AGENCY: Office of the Attorney General, 

Justice. 

ACTION: Final rule. 

SUMMARY: In accordance with section 4 

of the Federal Civil Penalties Inflation 

Adjustment Act of 1990, as amended by 

the Debt Collection Improvement Act of 

1996, the Department of Justice is 

adjusting for inflation the civil monetary 

penalties assessed or enforced by the 

Civil Rights Division. 

DATES: This rule is effective April 27, 

2014. 

FOR FURTHER INFORMATION CONTACT: 

Robert Hinchman, Senior Counsel, 

Office of Legal Policy, U.S. Department 

of Justice, Room 4252 RFK Building, 

950 Pennsylvania Avenue NW., 

Washington, DC 20530, telephone (202) 

514–8059 (not a toll-free number). 

SUPPLEMENTARY INFORMATION: 

Background 

The Federal Civil Penalties Inflation 

Adjustment Act of 1990, Public Law 

101–410, 28 U.S.C. 2461 note 

(Adjustment Act), provides for the 

regular evaluation of civil monetary 

penalties to ensure that they continue to 

maintain their deterrent effect and that 

penalty amounts due the Federal 

Government are properly accounted for 

and collected. On April 26, 1996, 

section 31001 of the Omnibus 

Consolidated Rescissions and 

Appropriations Act of 1996, Public Law 

104–134, also known as the Debt 

Collection Improvement Act of 1996 

(Improvement Act), amended the 

Adjustment Act to provide for more 

effective tools for government-wide 

collection of delinquent debt. In 

particular, section 31001(s)(1) of the 

Improvement Act amended section 4 of 

the Adjustment Act to require the head 

of each agency to ‘‘by regulation adjust 

each civil monetary penalty provided by 

law within the jurisdiction of the 

Federal agency’’ and to ‘‘publish each 

such regulation in the Federal Register’’ 

not later than 180 days after enactment 

of the Debt Collection Improvement Act 

of 1996, and at least every four years 

thereafter. Subsection (s)(1) also added 

a new section 7 to the Adjustment Act 

providing that any increase in a civil 

monetary penalty made pursuant to that 

Act shall apply only to violations that 

occur after the date the increase takes 

effect. Subsection (s)(2) of the 

Improvement Act provides that the first 

adjustment of a civil monetary penalty 

made pursuant to the amendment in 

subsection (s)(1) may not exceed 10 

percent of such penalty. 

In compliance with these statutory 

requirements, the Department of Justice 

published a rule on February 12, 1999 

(64 FR 7066), adjusting the immigrationrelated civil monetary penalties, and a 

second rule on August 30, 1999 (64 FR 

47099), adjusting the other civil 

monetary penalties assessed or enforced 

by the Department within its areas of 

responsibility (codified in 28 CFR parts 

36 and 85). 

The amounts of the adjustments are 

determined according to a formula set 

forth in the Adjustment Act, Public Law 

101–410. The statutory formulas for the 

inflation adjustment calculations are set 

forth in 28 CFR 85.2, including the 

applicable ‘‘rounder’’ (or increment) 

used for calculations based on the 

amount of the current penalty. For 

example, the applicable ‘‘rounder’’ for a 

current $15,000 civil penalty amount is 

$5,000. This means that there would be 

no adjustment of the current amount if 

the raw inflation adjustment calculation 

shows an increase of less than $2,500, 

but the civil penalty amount would be 

increased by the full $5,000 increment 

if the raw inflation adjustment is above 

the rounding threshold. 

Adjustments Made in This Rule for 

Civil Monetary Penalties Relating to 

Civil Rights 

By this rule, the Department of Justice 

is making adjustments for inflation in 

the civil monetary penalties assessed or 

enforced by the Civil Rights Division.1

The Department will separately publish 

a rule adjusting the other civil monetary 

penalties assessed or enforced by the 

Department. 

Several civil monetary penalties were 

previously adjusted in 1999: civil 

monetary penalties in the amounts of 

$55,000 and $110,000 under the 

Americans With Disabilities Act, 42 

U.S.C. 12188(b)(2)(C); civil monetary 

penalties in the amounts of $11,000 and 

$27,500 under the Freedom of Access to 

Clinic Entrances Act of 1994, 18 U.S.C. 

248(c)(2)(B), and civil monetary 

penalties in the amounts of $55,000 and 

$110,000 under the Fair Housing Act of 

1968, 42 U.S.C. 3614(d)(1)(C). However, 

this rule is also adjusting for the first 

time the civil monetary penalties under 

the Servicemembers Civil Relief Act, 50 

U.S.C. App. 597(b)(3), as amended in 

2010, and two penalties imposed under 

the Freedom of Access to Clinic 

Entrances Act of 1994, 28 U.S.C. 248(b), 

which had not previously been 

adjusted. 

The adjustments in the civil monetary 

penalties under this rule will take effect 

in 2014. In accordance with the Act, the 

adjustments made by this rule are based 

on the Bureau of Labor Statistics’ 

Consumer Price Index for June of the 

calendar year preceding the year of 

adjustment, that is, the amount for June 

2013. The inflation factor from June 

1999 (166.2), the year of adjustment for 

the previously-adjusted civil monetary 

penalties, to June 2013 (233.504) is 

40.5%. Applying that factor, and the 

applicable ‘‘rounders,’’ this rule adjusts 

previously adjusted civil monetary 

penalty amounts as follows: 

Current amount Raw inflation calculation Rounder Inflation adjustment Adjusted civil penalty 

amount 

$11,000 $4,455 $5,000 $5,000 $16,000 

27,500 11,136 5,000 10,000 37,500 

55,000 22,273 5,000 20,000 75,000 

110,000 44,545 10,000 40,000 150,000 


tkelley on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 79, No. 60 / Friday, March 28, 2014 / Rules and Regulations 17435 

Two civil monetary penalties in the 

amount of $15,000 imposed under the 

Freedom of Access to Clinic Entrances 

Act of 1994 were not adjusted in 1999 

because they did not meet the threshold 

for adjustment at that time. The 

inflation factor from June 1994 (148.0), 

the year of enactment, to June 2013 

(233.504) is 57.8%. Applying that factor 

for the current $15,000 civil penalty 

amounts, the raw inflation calculation is 

$8,666, above the applicable ‘‘rounder’’ 

of $5,000. However, as this is the first 

adjustment, the increase is subject to a 

10% cap as provided by statute for first 

adjustments. (Sec. (s)(2) of the 

Adjustment Act.) Accordingly, these 

civil penalty amounts are being 

increased from $15,000 to $16,500. 

Finally, in 2010 Congress amended 

the Servicemembers Civil Relief Act to 

add two civil monetary penalties, and 

the inflation factor from June 2010 

(217.965) to June 2013 (233.504) is 

7.1%. This rule adjusts these penalties 

for the first time. (Although these 

adjustments are subject to a 10% cap for 

a first-time adjustment, the actual 

inflation adjustment is less than 10%.) 

Current amount Raw inflation calculation Rounder Inflation adjustment Adjusted Civil penalty 

amount 

$55,000 $3,921 $5,000 $5,000 $60,000 

110,000 7,842 10,000 10,000 120,000 

In each case, the adjusted civil 

penalty amounts are applicable only to 

violations occurring after the date the 

increase takes effect. See 28 U.S.C. 2461 

note. Therefore, violations occurring 

before April 28, 2014, are subject to the 

civil monetary penalty amounts set forth 

in the Department’s existing regulations 

in 28 CFR parts 36 and 85 (or as set by 

statute if the amount has not yet been 

adjusted by regulation). 

Other agencies are responsible for the 

inflation adjustments of certain other 

civil monetary penalties that the 

Department’s litigating components 

bring suit to collect. The reader should 

consult the regulations of those other 

agencies for any inflation adjustments to 

those penalties. 

Administrative Procedure Act, 5 U.S.C. 

553 

The Attorney General finds that good 

cause exists under 5 U.S.C. 553(b)(3)(B) 

for immediate implementation of this 

final rule without prior notice and 

comment. This rule is a 

nondiscretionary ministerial action to 

conform the amount of civil penalties 

assessed or enforced by the Department 

of Justice to the statutorily mandated 

ranges as adjusted for inflation. The 

Attorney General is under a legal 

obligation to adjust these civil penalties 

for inflation using a statutorily required 

formula. The calculation of these 

inflation adjustments follows the 

specific mathematical formula set forth 

in section 5 of the Adjustment Act. 

Regulatory Flexibility Act 

The Attorney General, in accordance 

with the Regulatory Flexibility Act, 5 

U.S.C. 605(b), has reviewed this rule 

and by approving it certifies that it will 

not have a significant economic impact 

on a substantial number of small 

entities. Only those entities that are 

determined to have violated Federal law 

and regulations would be affected by the 

increase in penalties made by this rule 

pursuant to the statutory requirement. 

Further, no Regulatory Flexibility Act 

analysis is required for this rule because 

publication of a notice of proposed 

rulemaking was not required for it. 

Executive Orders 12866 and 13563— 

Regulatory Review 

This regulation has been drafted and 

reviewed in accordance with Executive 

Order 12866 (‘‘Regulatory Planning and 

Review’’), section 1(b) (‘‘The Principles 

of Regulation’’), and in accordance with 

Executive Order 13563 (‘‘Improving 

Regulation and Regulatory Review’’), 

section 1 (‘‘General Principles of 

Regulation’’). 

The Department of Justice has 

determined that this rule is not a 

‘‘significant regulatory action’’ under 

Executive Order 12866, section 3(f), and 

accordingly this rule has not been 

reviewed by the Office of Management 

and Budget. 

Both Executive Orders 12866 and 

13563 direct agencies to assess all costs 

and benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits 

(including potential economic, 

environmental, public health and safety 

effects, distributive impacts, and 

equity). This final rule, however, makes 

nondiscretionary adjustments to 

existing civil monetary penalties, and 

the Department is required to 

promulgate these adjustments in 

accordance with the formulas 

prescribed by statute. The Department 

therefore does not have the flexibility to 

alter the adjustments of the civil 

monetary penalty amounts as provided 

in this rule. 

Executive Order 13132—Federalism 

This rule will not have substantial 

direct effects on the States, on the 

relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government. Therefore, in 

accordance with Executive Order 13132 

it is determined that this rule does not 

have sufficient federalism implications 

to warrant the preparation of a 

Federalism Assessment. 

Executive Order 12988—Civil Justice 

Reform 

This regulation meets the applicable 

standards set forth in sections 3(a) and 

3(b)(2) of Executive Order 12988. 

Unfunded Mandates Reform Act of 1995 

This rule will not result in the 

expenditure by State, local and tribal 

governments, in the aggregate, or by the 

private sector, of $100 million or more 

in any one year, and it will not 

significantly or uniquely affect small 

governments. Therefore, no actions were 

deemed necessary under the provisions 

of the Unfunded Mandates Reform Act 

of 1995. 

Small Business Regulatory Enforcement 

Fairness Act of 1996 

This rule is not a major rule as 

defined by section 251 of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, 5 U.S.C. 804. It 

will not result in an annual effect on the 

economy of $100 million or more; a 

major increase in costs or prices; or 

significant adverse effects on 

competition, employment, investment, 

productivity, innovation, or on the 

ability of United States-based 

enterprises to compete with foreignbased enterprises in domestic and 

export markets. 


tkelley on DSK3SPTVN1PROD with RULES
17436 Federal Register / Vol. 79, No. 60 / Friday, March 28, 2014 / Rules and Regulations 

List of Subjects 

28 CFR Part 36 

Administrative practice and 

procedure, Alcoholism, Americans with 

disabilities, Buildings, Business and 

industry, Civil rights, Consumer 

protection, Drug abuse, Handicapped, 

Historic preservation, Penalties, 

Reporting and recordkeeping 

requirements. 

28 CFR Part 85 

Penalties. 

Accordingly, for the reasons set forth 

in the preamble, chapter I of Title 28 of 

the Code of Federal Regulations is 

amended as follows: 

PART 36—NONDISCRIMINATION ON 

THE BASIS OF DISABILITY BY PUBLIC 

ACCOMMODATIONS AND IN 

COMMERCIAL FACILITIES 

■ 1. The authority citation for part 36 

continues to read as follows: 

Authority: 5 U.S.C. 301; 28 U.S.C. 509, 

510; 42 U.S.C. 12188(b); Pub. L. 101–410, 104 

Stat. 890, as amended by Pub. L. 104–134, 

110 Stat. 1321. 

■ 2. Section 36.504 is amended by 

revising paragraphs (a)(3)(i) and (ii) to 

read as follows: 

§ 36.504 Relief. 

(a) * * * 

(3) * * * 

(i) Not exceeding $50,000 for a first 

violation occurring before September 

29, 1999, and not exceeding $55,000 for 

a first violation occurring on or after 

September 29, 1999, and before April 

28, 2014, and not exceeding $75,000 for 

a first violation occurring on or after 

April 28, 2014. 

(ii) Not exceeding $100,000 for any 

subsequent violation occurring before 

September 29, 1999, and not exceeding 

$110,000 for any subsequent violation 

occurring on or after September 29, 

1999, and before April 28, 2014, and not 

exceeding $150,000 for any subsequent 

violation occurring on or after April 28, 

2014. 

* * * * * 

PART 85—CIVIL MONETARY 

PENALTIES INFLATION ADJUSTMENT 

■ 3. The authority citation for part 85 

continues to read as follows: 

Authority: 5 U.S.C. 301, 28 U.S.C. 503; 

Pub. L. 101–410, 104 Stat. 890, as amended 

by Pub. L. 104–134, 110 Stat. 1321. 

■ 4. Section 85.3 is amended by revising 

the introductory text and paragraph (b) 

to read as follows: 

§ 85.3 Adjustments to penalties. 

The civil monetary penalties provided 

by law within the jurisdiction of the 

respective components of the 

Department, as set forth in paragraphs 

(a) through (d) of this section, are 

adjusted in accordance with the 

inflation adjustment procedures 

prescribed in section 5 of the Federal 

Civil Penalties Inflation Adjustment Act 

of 1990, Public Law 101–410, as 

follows. The adjusted penalties set forth 

in paragraphs (a), (c), and (d) of this 

section are effective for violations 

occurring on or after September 29, 

1999. 

* * * * * 

(b) Civil Rights Division. (1) 18 U.S.C. 

248(c)(2)(B), Freedom of Access to 

Clinic Entrances Act of 1994 

(Nonviolent Physical Obstruction): 

(i) The civil monetary penalty amount 

for a first order for nonviolent physical 

obstruction, initially set at $10,000, is 

adjusted to $11,000 for a violation 

occurring on or after September 29, 

1999, and before April 28, 2014, and is 

adjusted to $16,000 for a violation 

occurring on or after April 28, 2014. 

(ii) The civil monetary penalty 

amount for a subsequent order for 

nonviolent physical obstruction, 

initially set at $15,000, is adjusted to 

$16,500 for a violation occurring on or 

after April 28, 2014. 

(2) 18 U.S.C. 248(c)(2)(B), Freedom of 

Access to Clinic Entrances Act of 1994 

(Other Violations): 

(i) The civil monetary penalty amount 

for a first order other than for 

nonviolent physical obstruction, 

initially set at $15,000, is adjusted to 

$16,500 for a violation occurring on or 

after April 28, 2014. 

(ii) The civil monetary penalty 

amount for a subsequent order other 

than for nonviolent physical 

obstruction, initially set at $25,000, is 

adjusted to $27,500 for a violation 

occurring on or after September 29, 

1999, and before April 28, 2014, and is 

adjusted to $37,500 for a violation 

occurring on or after April 28, 2014. 

(3) 42 U.S.C. 3614(d)(1)(C), Fair 

Housing Act of 1968, as amended 

(Pattern or Practice Violation): 

(i) The civil monetary penalty amount 

for a first order, initially set at $50,000, 

is adjusted to $55,000 for a violation 

occurring on or after September 29, 

1999, and before April 28, 2014, and is 

adjusted to $75,000 for a violation 

occurring on or after April 28, 2014. 

(ii) The civil monetary penalty 

amount for a subsequent order, initially 

set at $100,000, is adjusted to $110,000 

for a violation occurring on or after 

September 29, 1999, and before April 

28, 2014, and is adjusted to $150,000 for 

a violation occurring on or after April 

28, 2014. 

(4) 50 U.S.C. App. 597(b)(3), 

Servicemembers Civil Relief Act of 

2003, as amended: 

(i) The civil monetary penalty amount 

for a first violation, initially set at 

$55,000, is adjusted to $60,000 for a 

violation occurring on or after April 28, 

2014. 

(ii) The civil monetary penalty 

amount for a subsequent violation, 

initially set at $110,000, is adjusted to 

$120,000 for a violation occurring on or 

after April 28, 2014. 

* * * * * 

Dated: March 21, 2014. 

Eric H. Holder, Jr., 

Attorney General. 

[FR Doc. 2014–06979 Filed 3–27–14; 8:45 am] 

BILLING CODE 4410–13–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2012–0926; FRL–9907–61] 

S-metolachlor; Pesticide Tolerances 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation amends 

tolerances for residues of S-metolachlor 

in or on corn, field, forage; corn, field, 

stover; corn, pop, stover; corn, sweet, 

forage; and corn, sweet, stover. Syngenta 

Crop Protection, LLC, requested these 

tolerances under the Federal Food, 

Drug, and Cosmetic Act (FFDCA). 

DATES: This regulation is effective 

March 28, 2014. Objections and requests 

for hearings must be received on or 

before May 27, 2014, and must be filed 

in accordance with the instructions 

provided in 40 CFR part 178 (see also 

Unit I.C. of the SUPPLEMENTARY

INFORMATION). 

ADDRESSES: The docket for this action, 

identified by docket identification (ID) 

number EPA–HQ–OPP–2012–0926, is 

available at http://www.regulations.gov 

or at the Office of Pesticide Programs 

Regulatory Public Docket (OPP Docket) 

in the Environmental Protection Agency 

Docket Center (EPA/DC), EPA West 

Bldg., Rm. 3334, 1301 Constitution Ave. 

NW., Washington, DC 20460–0001. The 

Public Reading Room is open from 8:30 

a.m. to 4:30 p.m., Monday through 

Friday, excluding legal holidays. The 

telephone number for the Public 

Reading Room is (202) 566–1744, and 


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