Federal Register / Vol. 83, No. 15 / Tuesday, January 23, 2018 / Rules and Regulations 3077 

Authority: 5 U.S.C. 301 et seq., 25 U.S.C. 

396 et seq., 396a et seq., 2101 et seq.; 30 

U.S.C. 181 et seq., 351 et seq., 1001 et seq., 

1701 et seq.; 31 U.S.C. 3335, 3711, 3716–18, 

3720A, 9701; 43 U.S.C. 1301 et seq., 1331 et 

seq., and 1801 et seq. 

■ 2. Amend § 1218.540 by: 

■ a. Revising paragraphs (a)(2) and (3); 

■ b. Removing paragraph (a)(4); and 

■ c. Revising paragraph (d). 

The revisions read as follows: 

§ 1218.540 How does ONRR serve official 

correspondence? 

* * * * * 

(a) * * * 

(2) Personal delivery made pursuant 

to the law of the State in which the 

service is effected; or 

(3) Private mailing service (such as 

the United Parcel Service or Federal 

Express), with signature and date upon 

delivery acknowledging the addressee of 

record’s receipt of the official 

correspondence document. 

* * * * * 

(d) Constructive service. If we cannot 

make delivery to the addressee of record 

after making a reasonable effort, we 

deem official correspondence as 

constructively served seven days after 

the date when we mail the document. 

This provision covers situations such as 

those where no delivery occurs because: 

(1) The addressee of record has moved 

without filing a forwarding address; 

(2) The forwarding order has expired; 

(3) Delivery was expressly refused; or 

(4) The document was unclaimed and 

the attempt to deliver it is substantiated 

by: 

(i) The U.S. Postal Service; 

(ii) A private mailing service, as 

described in this section; or 

(iii) The person who attempted to 

make delivery using some other method 

of service. 

[FR Doc. 2018–01068 Filed 1–22–18; 8:45 am] 

BILLING CODE 4335–30–P 

DEPARTMENT OF DEFENSE 

Office of the Secretary 

32 CFR Part 269 

[Docket ID: DOD–2016–OS–0045] 

RIN 0790–AK09 

Civil Monetary Penalty Inflation 

Adjustment 

AGENCY: Under Secretary of Defense 

(Comptroller), Department of Defense. 

ACTION: Final rule. 

SUMMARY: The Department of Defense is 

issuing this final rule to adjust each of 

its statutory civil monetary penalties 

(CMP) to account for inflation. The 

Federal Civil Penalties Inflation 

Adjustment Act of 1990, as amended by 

the Debt Collection Improvement Act of 

1996 and the Federal Civil Penalties 

Inflation Adjustment Act Improvements 

Act of 2015 (the 2015 Act), requires the 

head of each agency to adjust for 

inflation its CMP levels in effect as of 

November 2, 2015, under a revised 

methodology that was effective for 2016 

and for each year thereafter. 

DATES: This rule is effective January 23, 

2018 and is applicable beginning on 

January 12, 2018. 

FOR FURTHER INFORMATION CONTACT: 

Brian Banal, 703–571–1652. 

SUPPLEMENTARY INFORMATION: 

Background Information 

The Federal Civil Penalties Inflation 

Adjustment Act of 1990, Public Law 

101–410, 104 Stat. 890 (28 U.S.C. 2461, 

note), as amended by the Debt 

Collection Improvement Act of 1996, 

Public Law 104–134, April 26, 1996, 

and further amended by the Federal 

Civil Penalties Inflation Adjustment Act 

Improvements Act of 2015 (the 2015 

Act), Public Law 114–74, November 2, 

2015, required agencies to annually 

adjust the level of CMPs for inflation to 

improve their effectiveness and 

maintain their deterrent effect. The 2015 

Act required that not later than July 1, 

2016, and not later than January 15 of 

every year thereafter, the head of each 

agency must adjust each CMP within its 

jurisdiction by the inflation adjustment 

described in the 2015 Act. The inflation 

adjustment is determined by increasing 

the maximum CMP or the range of 

minimum and maximum CMPs, as 

applicable, for each CMP by the cost-ofliving adjustment, rounded to the 

nearest multiple of $1. The cost-ofliving adjustment is the percentage (if 

any) for each CMP by which the 

Consumer Price Index (CPI) for the 

month of October preceding the date of 

the adjustment (January 15), exceeds the 

CPI for the month of October in the 

previous calendar year. 

The initial catch up adjustments for 

inflation to the Department of Defense’s 

CMPs were published as an interim 

final rule in the Federal Register on 

May 26, 2016 (81 FR 33389–33391) and 

became effective on that date. The 

interim final rule was published as a 

final rule without change on September 

12, 2016 (81 FR 62629–62631), effective 

that date. The revised methodology for 

agencies for 2018 and each year 

thereafter provides for the improvement 

of the effectiveness of CMPs and to 

maintain their deterrent effect. Effective 

2018, agencies’ annual adjustments for 

inflation to CMPs shall take effect not 

later than January 15. The Department 

of Defense is adjusting the level of all 

civil monetary penalties under its 

jurisdiction by the Office of 

Management and Budget (OMB) 

directed cost-of-living adjustment 

multiplier for 2018 of 1.02041 

prescribed in OMB Memorandum M– 

18–03, ‘‘Implementation of Penalty 

Inflation Adjustments for 2018, 

pursuant to the Federal Civil Penalties 

Inflation Adjustment Act Improvements 

Act of 2015,’’ dated December 15, 2017. 

The Department of Defense’s 2018 

adjustments for inflation to CMPs apply 

only to those CMPs, including those 

whose associated violation predated 

such adjustment, which are assessed by 

the Department of Defense after the 

effective date of the new CMP level. 

Statement of Authority and Costs and 

Benefits 

Pursuant to 5 U.S.C. 553(b)B, there is 

good cause to issue this rule without 

prior public notice or opportunity for 

public comment because it would be 

impracticable and unnecessary. The 

Federal Civil Penalties Inflation 

Adjustment Act Improvements Act of 

2015 (Section 701(b)) requires agencies, 

effective 2017, to make annual 

adjustments for inflation to CMPs 

notwithstanding section 553 of title 5, 

United States Code. Additionally, the 

methodology used, effective 2017, for 

adjusting CMPs for inflation is 

established in statute, with no 

discretion provided to agencies 

regarding the substance of the 

adjustments for inflation to CMPs. The 

Department of Defense is charged only 

with performing ministerial 

computations to determine the dollar 

amount of adjustments for inflation to 

CMPs. 

Further, there are no significant costs 

associated with the regulatory revisions 

that would impose any mandates on the 

Department of Defense, Federal, State or 

local governments, or the private sector. 

Accordingly, prior public notice and an 

opportunity for public comment are not 

required for this rule. The benefit of this 

rule is the Department of Defense 

anticipates that civil monetary penalty 

collections may increase in the future 

due to new penalty authorities and 

other changes in this rule. However, it 

is difficult to accurately predict the 

extent of any increase, if any, due to a 

variety of factors, such as budget and 

staff resources, the number and quality 

of civil penalty referrals or leads, and 

the length of time needed to investigate 

and resolve a case. 


sradovich on DSK3GMQ082PROD with RULES
3078 Federal Register / Vol. 83, No. 15 / Tuesday, January 23, 2018 / Rules and Regulations 

Regulatory Procedures 

Executive Order 12866, ‘‘Regulatory 

Planning and Review’’ and Executive 

Order 13563, ‘‘Improving Regulation 

and Regulatory Review’’ 

Executive Orders 13563 and 12866 

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, distribute impacts, and equity). 

Executive Order 13563 emphasizes the 

importance of quantifying both costs 

and benefits, of reducing costs, of 

harmonizing rules, and of promoting 

flexibility. This rule has not been 

designated a ‘‘significant regulatory 

action,’’ because it does not: (1) Have an 

annual effect on the economy of $100 

million or more or adversely affect in a 

material way the economy; a section of 

the economy; productivity; competition; 

jobs; the environment; public health or 

safety; or State, local, or tribal 

governments or communities; (2) create 

a serious inconsistency or otherwise 

interfere with an action taken or 

planned by another Agency; (3) 

materially alter the budgetary impact of 

entitlements, grants, user fees, or loan 

programs, or the rights and obligations 

of recipients thereof; or (4) raise novel 

legal or policy issues arising out of legal 

mandates, the President’s priorities, or 

the principles set forth in these 

Executive Orders. 

Executive Order 13771, ‘‘Reducing 

Regulation and Controlling Regulatory 

Costs’’ 

Executive Order 13771 requires that 

for every significant regulation 

promulgated, an agency must identify 

two for elimination and offset its costs. 

This rule is exempt from these 

requirements because it has been 

deemed not significant by the Office of 

Management and Budget. 

Unfunded Mandates Reform Act 

(2 U.S.C. Chapter 25) 

Section 202 of the Unfunded 

Mandates Reform Act of 1995 (UMRA) 

(2 U.S.C. 1532) requires agencies to 

assess anticipated costs and benefits 

before issuing any rule the mandates of 

which require spending in any year of 

$100 million in 1995 dollars, updated 

annually for inflation. In 2016, that 

threshold is approximately $146 

million. This rule will not mandate any 

requirements for State, local, or tribal 

governments, nor will it affect private 

sector costs. 

Public Law 96–354, ‘‘Regulatory 

Flexibility Act’’ (5 U.S.C. Chapter 6) 

Because notice of proposed 

rulemaking and opportunity for 

comment are not required pursuant to 5 

U.S.C. 553, or any other law, the 

analytical requirements of the 

Regulatory Flexibility Act (5 U.S.C. 601, 

et seq.) are inapplicable. Therefore, a 

regulatory flexibility analysis is not 

required and has not been prepared. 

Public Law 96–511, ‘‘Paperwork 

Reduction Act’’ (44 U.S.C. Chapter 35) 

The Department of Defense 

determined that provisions of the 

Paperwork Reduction Act of 1995, 

Public Law 104–13, 44 U.S.C. Chapter 

35, and its implementing regulations, 5 

CFR part 1320, do not apply to this rule 

because there are no new or revised 

recordkeeping or reporting 

requirements. 

Executive Order 13132, ‘‘Federalism’’ 

Executive Order 13132 establishes 

certain requirements that an agency 

must meet when it promulgates a rule 

that imposes substantial direct 

requirement costs on State and local 

governments, preempts State law, or 

otherwise has Federalism implications. 

This final rule will not have a 

substantial effect on State and local 

governments. 

List of Subjects in 32 CFR Part 269 

Administrative practice and 

procedure, Penalties. 

Accordingly, 32 CFR part 269 is 

amended as follows. 

PART 269—[AMENDED] 

■ 1. The authority citation for 32 CFR 

part 269 continues to read as follows: 

Authority: 28 U.S.C. 2461 note. 

■ 2. Revise § 269.4(d) to read as follows: 

§ 269.4 Cost of living adjustments of civil 

monetary penalties. 

* * * * * 

(d) Inflation adjustment. Maximum 

civil monetary penalties within the 

jurisdiction of the Department are 

adjusted for inflation as follows: 

United States Code Civil monetary penalty description 

Maximum 

penalty 

amount 

as of 01/15/17 

New adjusted 

maximum 

penalty 

amount 

National Defense Authorization Act 

for FY 2005, 10 U.S.C. 113, note.

Unauthorized Activities Directed at or Possession of Sunken Military 

Craft.

$126,626 $129,211 

10 U.S.C. 1094(c)(1) ....................... Unlawful Provision of Health Care ............................................................ 11,119 11,346 

10 U.S.C. 1102(k) ............................ Wrongful Disclosure—Medical Records: 

First Offense .......................................................................................... 6,575 6,709 

Subsequent Offense .............................................................................. 43,832 44,726 

10 U.S.C. 2674(c)(2) ....................... Violation of the Pentagon Reservation Operation and Parking of Motor 

Vehicles Rules and Regulations.

1,811 1,848 

31 U.S.C. 3802(a)(1) ....................... Violation Involving False Claim ................................................................. 10,957 11,181 

31 U.S.C. 3802(a)(2) ....................... Violation Involving False Statement .......................................................... 10,957 11,181 


sradovich on DSK3GMQ082PROD with RULES
Federal Register / Vol. 83, No. 15 / Tuesday, January 23, 2018 / Rules and Regulations 3079 

Dated: January 18, 2018. 

Aaron Siegel, 

Alternate OSD Federal Register Liaison 

Officer, Department of Defense. 

[FR Doc. 2018–01168 Filed 1–22–18; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF AGRICULTURE 

Forest Service 

36 CFR Part 242 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 100 

[Docket No. FWS–R7–SM–2015–0003; 

FXFR13350700640–167–FF07J00000; 

FBMS#4500096963] 

RIN 1018–BA76 

Subsistence Management Regulations 

for Public Lands in Alaska—2017–18 

and 2018–19 Subsistence Taking of 

Fish Regulations 

AGENCY: Forest Service, Agriculture; 

Fish and Wildlife Service, Interior. 

ACTION: Final rule. 

SUMMARY: This final rule establishes 

regulations for seasons, harvest limits, 

methods, and means related to taking of 

fish for subsistence uses in Alaska 

during the 2017–2018 and 2018–2019 

regulatory years. The Federal 

Subsistence Board (Board) completes 

the biennial process of revising 

subsistence hunting and trapping 

regulations in even-numbered years and 

subsistence fishing and shellfish 

regulations in odd-numbered years; 

public proposal and review processes 

take place during the preceding year. 

The Board also addresses customary and 

traditional use determinations during 

the applicable biennial cycle. This rule 

also revises fish customary and 

traditional use determinations. 

DATES: This rule is effective January 23, 

2018. 

ADDRESSES: The Board meeting 

transcripts are available for review at 

the Office of Subsistence Management, 

1011 East Tudor Road, Mail Stop 121, 

Anchorage, AK 99503, or on the Office 

of Subsistence Management website 

(https://www.doi.gov/subsistence). The 

comments received in response to the 

proposed rule are available on 

www.regulations.gov in Docket No. 

FWS–R7–SM–2015–0003. 

FOR FURTHER INFORMATION CONTACT: 

Chair, Federal Subsistence Board, c/o 

U.S. Fish and Wildlife Service, 

Attention: Eugene R. Peltola, Jr., Office 

of Subsistence Management; (907) 786– 

3888 or subsistence@fws.gov. For 

questions specific to National Forest 

System lands, contact Thomas Whitford, 

Regional Subsistence Program Leader, 

USDA, Forest Service, Alaska Region; 

(907) 743–9461 or twhitford@fs.fed.us. 

SUPPLEMENTARY INFORMATION: 

Background 

Under Title VIII of the Alaska 

National Interest Lands Conservation 

Act (ANILCA) (16 U.S.C. 3111–3126), 

the Secretary of the Interior and the 

Secretary of Agriculture (Secretaries) 

jointly implement the Federal 

Subsistence Management Program. This 

program provides a preference for take 

of fish and wildlife resources for 

subsistence uses on Federal public 

lands and waters in Alaska. The 

Secretaries published temporary 

regulations to carry out this program in 

the Federal Register on June 29, 1990 

(55 FR 27114), and published final 

regulations in the Federal Register on 

May 29, 1992 (57 FR 22940). The 

Program managers have subsequently 

amended these regulations a number of 

times. Because this program is a joint 

effort between Interior and Agriculture, 

these regulations are located in two 

titles of the Code of Federal Regulations 

(CFR): Title 36, ‘‘Parks, Forests, and 

Public Property,’’ and Title 50, 

‘‘Wildlife and Fisheries,’’ at 36 CFR 

242.1–242.28 and 50 CFR 100.1–100.28, 

respectively. The regulations contain 

subparts as follows: Subpart A, General 

Provisions; Subpart B, Program 

Structure; Subpart C, Board 

Determinations; and Subpart D, 

Subsistence Taking of Fish and Wildlife. 

Consistent with subpart B of these 

regulations, the Secretaries established a 

Federal Subsistence Board to administer 

the Federal Subsistence Management 

Program. The Board comprises: 

• A Chair appointed by the Secretary 

of the Interior with concurrence of the 

Secretary of Agriculture; 

• The Alaska Regional Director, U.S. 

Fish and Wildlife Service; 

• The Alaska Regional Director, 

National Park Service; 

• The Alaska State Director, Bureau 

of Land Management; 

• The Alaska Regional Director, 

Bureau of Indian Affairs; 

• The Alaska Regional Forester, 

USDA Forest Service; and 

• Two public members appointed by 

the Secretary of the Interior with 

concurrence of the Secretary of 

Agriculture. 

Through the Board, these agencies 

participate in the development of 

regulations for subparts C and D, which, 

among other things, set forth program 

eligibility and specific harvest seasons 

and limits. 

In administering the program, the 

Secretaries divided Alaska into 10 

subsistence resource regions, each of 

which is represented by a Federal 

Subsistence Regional Advisory Council 

(Council). The Councils provide a forum 

for rural residents with personal 

knowledge of local conditions and 

resource requirements to have a 

meaningful role in the subsistence 

management of fish and wildlife on 

Federal public lands in Alaska. The 

Council members represent varied 

geographical, cultural, and user interests 

within each region. 

The Board addresses customary and 

traditional use determinations during 

the applicable biennial cycle. Section 

ll.24 (customary and traditional use 

determinations) was originally 

published in the Federal Register on 

May 29, 1992 (57 FR 22940). The 

regulations at 36 CFR 242.4 and 50 CFR 

100.4 define ‘‘customary and traditional 

use’’ as ‘‘a long-established, consistent 

pattern of use, incorporating beliefs and 

customs which have been transmitted 

from generation to generation. . . .’’ 

Since 1992, the Board has made a 

number of customary and traditional 

use determinations at the request of 

affected subsistence users. Those 

modifications, along with some 

administrative corrections, were 

published in the Federal Register as 

follows: 

MODIFICATIONS TO § ll.24 

Federal Register citation Date of publication 

Rule made changes to the 

following provisions 

of ll.24 

59 FR 27462 .................................................................... May 27, 1994 ................................................................... Wildlife and Fish/Shellfish. 

59 FR 51855 .................................................................... October 13, 1994 ............................................................. Wildlife and Fish/Shellfish. 

60 FR 10317 .................................................................... February 24, 1995 ........................................................... Wildlife and Fish/Shellfish. 


sradovich on DSK3GMQ082PROD with RULES