Federal Register / Vol. 83, No. 14 / Monday, January 22, 2018 / Rules and Regulations 2903 

7 28 U.S.C. 2461 note (6). 

8A regulatory flexibility analysis under the RFA 

is required only when an agency must publish a 

notice of proposed rulemaking for comment. See 5 

U.S.C. 603. 

CALCULATION OF ADJUSTMENTS TO MAXIMUM CIVIL MONETARY PENALTIES—Continued 

Citation Description 

Current 

penalty 

(2017) 

Adjustment 

multiplier 

Adjusted 

penalty 

16 CFR 1.98(e): 15 U.S.C. 45(m)(1)(B) ......... Unfair or deceptive acts or practices ............. 40,654 1.02041 41,484 

16 CFR 1.98(f): 15 U.S.C. 50 ......................... Failure to file required reports ........................ 534 1.02041 545 

16 CFR 1.98(g): 15 U.S.C. 65 ........................ Failure to file required statements ................. 534 1.02041 545 

16 CFR 1.98(h): 15 U.S.C. 68d(b) ................. Failure to maintain required records .............. 534 1.02041 545 

16 CFR 1.98(i): 15 U.S.C. 69a(e) ................... Failure to maintain required records .............. 534 1.02041 545 

16 CFR 1.98(j): 15 U.S.C. 69f(d)(2) ............... Failure to maintain required records .............. 534 1.02041 545 

16 CFR 1.98(k): 42 U.S.C. 6303(a) ................ Knowing violations ......................................... 440 1.02041 449 

16 CFR 1.98(l): 42 U.S.C. 6395(a) ................. Recycled oil labeling violations ...................... 21,598 1.02041 22,039 

16 CFR 1.98(l): 42 U.S.C. 6395(b) ................. Willful violations .............................................. 40,654 1.02041 41,484 

16 CFR 1.98(m): 15 U.S.C. 1681s(a)(2) ........ Knowing violations ......................................... 3,817 1.02041 3,895 

16 CFR 1.98(n): 21 U.S.C. 355 note .............. Non-compliance with filing requirements ....... 14,373 1.02041 14,666 

16 CFR 1.98(o): 42 U.S.C. 17304 .................. Market manipulation or provision of false information to federal agencies.1,156,953 1.02041 1,180,566 

Effective Dates of New Penalties 

These new penalty levels apply to 

civil penalties assessed after the 

effective date of the applicable 

adjustment, including civil penalties 

whose associated violation predated the 

effective date.7 These adjustments do 

not retrospectively change previously 

assessed or enforced civil penalties that 

the FTC is actively collecting or has 

collected. 

Procedural Requirements 

The FCPIAA, as amended, directs 

agencies to adjust civil monetary 

penalties through rulemaking and to 

publish the required inflation 

adjustments in the Federal Register, 

notwithstanding section 553 of title 5, 

United States Code. Pursuant to this 

congressional mandate, prior public 

notice and comment under the APA and 

a delayed effective date are not required. 

For this reason, the requirements of the 

Regulatory Flexibility Act (‘‘RFA’’) also 

do not apply.8 Further, this rule does 

not contain any collection of 

information requirements as defined by 

the Paperwork Reduction Act of 1995 as 

amended. 44 U.S.C. 3501 et seq. 

List of Subjects for 16 CFR Part 1 

Administrative practice and 

procedure, Penalties, Trade practices. 

Text of Amendments 

For the reasons set forth in the 

preamble, the Federal Trade 

Commission amends title 16, chapter I, 

subchapter A, of the Code of Federal 

Regulations, as follows: 

PART 1—GENERAL PROCEDURES 

Subpart L—Civil Penalty Adjustments 

Under the Federal Civil Penalties 

Inflation Adjustment Act of 1990, as 

Amended 

■ 1. The authority citation for part 1, 

subpart L continues to read as follows: 

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

■ 2. Revise § 1.98 to read as follows: 

§ 1.98 Adjustment of civil monetary 

penalty amounts. 

This section makes inflation 

adjustments in the dollar amounts of 

civil monetary penalties provided by 

law within the Commission’s 

jurisdiction. The following maximum 

civil penalty amounts apply only to 

penalties assessed after January 22, 

2018, including those penalties whose 

associated violation predated January 

22, 2018. 

(a) Section 7A(g)(1) of the Clayton 

Act, 15 U.S.C. 18a(g)(1)—$41,484; 

(b) Section 11(l) of the Clayton Act, 15 

U.S.C. 21(l)—$22,039; 

(c) Section 5(l) of the FTC Act, 15 

U.S.C. 45(l)—$41,484; 

(d) Section 5(m)(1)(A) of the FTC Act, 

15 U.S.C. 45(m)(1)(A)—$41,484; 

(e) Section 5(m)(1)(B) of the FTC Act, 

15 U.S.C. 45(m)(1)(B)—$41,484; 

(f) Section 10 of the FTC Act, 15 

U.S.C. 50—$545; 

(g) Section 5 of the Webb-Pomerene 

(Export Trade) Act, 15 U.S.C. 65—$545; 

(h) Section 6(b) of the Wool Products 

Labeling Act, 15 U.SC. 68d(b)—$545; 

(i) Section 3(e) of the Fur Products 

Labeling Act, 15 U.S.C. 69a(e)—$545; 

(j) Section 8(d)(2) of the Fur Products 

Labeling Act, 15 U.S.C. 69f(d)(2)—$545; 

(k) Section 333(a) of the Energy Policy 

and Conservation Act, 42 U.S.C. 

6303(a)—$449; 

(l) Sections 525(a) and (b) of the 

Energy Policy and Conservation Act, 42 

U.S.C. 6395(a) and (b), respectively— 

$22,039 and $41,484, respectively; 

(m) Section 621(a)(2) of the Fair 

Credit Reporting Act, 15 U.S.C. 

1681s(a)(2)—$3,895; 

(n) Section 1115(a) of the Medicare 

Prescription Drug Improvement and 

Modernization Act of 2003, Public Law 

108–173, 21 U.S.C. 355 note—$14,666; 

(o) Section 814(a) of the Energy 

Independence and Security Act of 2007, 

42 U.S.C. 17304—$1,180,566; and 

(p) Civil monetary penalties 

authorized by reference to the Federal 

Trade Commission Act under any other 

provision of law within the jurisdiction 

of the Commission—refer to the 

amounts set forth in paragraphs (c), (d), 

(e) and (f) of this section, as applicable. 

By direction of the Commission. 

Donald S. Clark, 

Secretary. 

[FR Doc. 2018–00979 Filed 1–19–18; 8:45 am] 

BILLING CODE 6750–01–P 

NATIONAL INDIAN GAMING 

COMMISSION 

25 CFR Part 514 

Fees 

AGENCY: National Indian Gaming 

Commission. 

ACTION: Final rule. 

SUMMARY: The National Indian Gaming 

Commission is amending its fee 

regulations. The rule amends the 

regulations that describe when the 

Commission adopts annual fee rates, 

defines the fiscal year of the gaming 

operation that will be used for 

calculating the fee payments, and 

includes additional revisions clarifying 

the fee calculation and submission 

process for gaming operations. 


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2904 Federal Register / Vol. 83, No. 14 / Monday, January 22, 2018 / Rules and Regulations 

DATES: Effective Date: February 21, 

2018. 

FOR FURTHER INFORMATION CONTACT: 

Austin Badger, National Indian Gaming 

Commission; 1849 C Street NW, MS 

1621, Washington, DC 20240. 

Telephone: 202–632–7003. 

SUPPLEMENTARY INFORMATION: 

I. Background 

The Indian Gaming Regulatory Act 

(IGRA or Act), Public Law 100–497, 25 

U.S.C. 2701 et seq., was signed into law 

on October 17, 1988. The Act 

establishes the National Indian Gaming 

Commission (NIGC or Commission) and 

sets out a comprehensive framework for 

the regulation of gaming on Indian 

lands. The IGRA established an agency 

funding framework whereby gaming 

operations licensed by tribes pay a fee 

to the Commission for each gaming 

operation that conducts Class II or Class 

III gaming activity that is regulated 

pursuant to IGRA. 25 U.S.C. 2717(a)(1). 

These fees are used to fund the 

Commission in carrying out its 

regulatory authority. Fees are based on 

the gaming operation’s gross gaming 

revenues. The rates of fees are 

established annually by the Commission 

and payable on a quarterly basis. 25 

U.S.C. 2717(a)(3). IGRA limits the total 

amount of fees imposed during any 

fiscal year to 0.08 percent of the gross 

gaming revenues of all gaming 

operations subject to regulation under 

IGRA. Failure of a gaming operation to 

pay the fees imposed by the 

Commission’s fee schedule can be 

grounds for a civil enforcement action. 

25 U.S.C. 2713(a)(1). 

The purpose of part 514 is to establish 

how the NIGC sets and collects those 

fees, to establish a basic formula for 

tribes to utilize in calculating the 

amount of fees to pay, and to advise of 

the consequences for failure to pay the 

fees. Part 514 further establishes how 

the NIGC determines and assesses 

fingerprint processing fees. 

II. Development of the Rule 

The development of the rule formally 

began with the Commission’s notice to 

tribal leaders by letter dated November 

22, 2016, of the topic’s inclusion in the 

Commission’s 2017 tribal consultation 

series. On March 24, 2017, in Tulsa, OK, 

April 5, 2017, in Scottsdale, AZ, April 

13, 2017, in San Diego, CA, April 20, 

2017, in Billings, MT, May 4, 2017, in 

Biloxi, MS, and on May 25, 2017, in 

Portland, OR, the NIGC consulted with 

tribes on proposed changes to the fee 

regulations. In addition, the 

Commission issued a discussion draft 

on January 30, 2017, and solicited 

written comments through July 1, 2017. 

Comments received were generally 

supportive of the proposed changes to 

the fee regulations. 

The Commission subsequently 

published a proposed rule in the 

Federal Register on November 13, 2017. 

82 FR 52253. The proposed rule 

included amendments to the discussion 

draft prompted by internal review and 

the Commission’s careful consideration 

of the substantive comments received 

through consultation and written 

submissions. The proposed rule 

included discussion of the 

Commission’s amendments to the 

discussion draft and the Commission’s 

responses to comments received. The 

proposed rule invited interested parties 

to continue to participate in the 

rulemaking process by submitting 

comments to the proposed rule to the 

Commission. While the Commission did 

not receive any substantive comments 

in response to the proposed rule, the 

comments received through 

consultation have proven invaluable to 

the Commission in developing this rule 

amending the fee regulations. 

The rule is intended to improve the 

Commission’s analysis and budgeting 

process and simplify the fee calculation 

and payment process for gaming 

operations, thereby reducing the 

frequency of error in fee calculation. 

Under the current fee regulations, the 

Commission adopts a preliminary fee 

rate by March 1 and a final fee rate by 

June 1 of every year. In addition, the 

NIGC annually reviews the costs 

involved in processing fingerprint cards 

and adopts a preliminary rate by March 

1 and a final rate by June 1. The rule 

simplifies this process by amending the 

fee regulations to provide that the 

Commission will adopt a final fee rate 

and fingerprint processing fee no later 

than November 1 of each year. The rule 

also defines the fiscal year used in 

calculating the required annual fee so 

that the fee rate is applied consistently 

to a gaming operation’s gross revenues 

for one fiscal year. Finally, among other 

clarifying revisions to the fee 

regulations, the rule describes the fees 

and statements required of gaming 

operations that cease operations. 

III. Review of Public Comments 

The Commission did not receive any 

substantive comments in response to the 

proposed rule. 

Regulatory Matters 

Tribal Consultation 

The National Indian Gaming 

Commission is committed to fulfilling 

its tribal consultation obligations— 

whether directed by statute or 

administrative action such as Executive 

Order (E.O.) 13175 (Consultation and 

Coordination with Indian Tribal 

Governments)—by adhering to the 

consultation framework described in its 

Consultation Policy published July 15, 

2013. The NIGC’s consultation policy 

specifies that it will consult with tribes 

on Commission Action with Tribal 

Implications, which is defined as: Any 

Commission regulation, rulemaking, 

policy, guidance, legislative proposal, or 

operational activity that may have a 

substantial direct effect on an Indian 

tribe on matters including, but not 

limited to the ability of an Indian tribe 

to regulate its Indian gaming; an Indian 

Tribe’s formal relationship with the 

Commission; or the consideration of the 

Commission’s trust responsibilities to 

Indian tribes. As discussed above, the 

NIGC engaged in extensive consultation 

on this topic and received and 

considered comments in developing this 

rule. 

Regulatory Flexibility Act 

The rule will not have a significant 

impact on a substantial number of small 

entities as defined under the Regulatory 

Flexibility Act, 5 U.S.C. 601, et seq. 

Moreover, Indian Tribes are not 

considered to be small entities for the 

purposes of the Regulatory Flexibility 

Act. 

Small Business Regulatory Enforcement 

Fairness Act 

The rule is not a major rule under 5 

U.S.C. 804(2), the Small Business 

Regulatory Enforcement Fairness Act. 

The rule does not have an effect on the 

economy of $100 million or more. The 

rule will not cause a major increase in 

costs or prices for consumers, 

individual industries, Federal, State, 

local government agencies or geographic 

regions. Nor will the rule have a 

significant adverse effect on 

competition, employment, investment, 

productivity, innovation, or the ability 

of the enterprises, to compete with 

foreign based enterprises. 

Unfunded Mandate Reform Act 

The Commission, as an independent 

regulatory agency, is exempt from 

compliance with the Unfunded 

Mandates Reform Act, 2 U.S.C. 1502(1); 

2 U.S.C. 658(1). 

Takings 

In accordance with Executive Order 

12630, the Commission has determined 

that the rule does not have significant 

takings implications. A takings 

implication assessment is not required. 


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Federal Register / Vol. 83, No. 14 / Monday, January 22, 2018 / Rules and Regulations 2905 

Civil Justice Reform 

In accordance with Executive Order 

12988, the Commission has determined 

that the rule does not unduly burden the 

judicial system and meets the 

requirements of section 3(a) and 3(b)(2) 

of the Order. 

National Environmental Policy Act 

The Commission has determined that 

the rule does not constitute a major 

federal action significantly affecting the 

quality of the human environment and 

that no detailed statement is required 

pursuant to the National Environmental 

Policy Act of 1969, 42 U.S.C. 4321, et 

seq. 

Paperwork Reduction Act 

The information collection 

requirements contained in this rule 

were previously approved by the Office 

of Management and Budget (OMB) as 

required by 44 U.S.C. 3501 et seq. and 

assigned OMB Control Number 3141– 

0007. The OMB control number expires 

on November 30, 2018. 

List of Subjects in 25 CFR Part 514 

Gambling, Indian—lands, Indian— 

tribal government, Reporting and 

recordkeeping requirements. 

Therefore, for reasons stated in the 

preamble, the National Indian Gaming 

Commission revises 25 CFR part 514 to 

read as follows: 

PART 514—FEES 

Sec. 

514.1 What is the purpose of this part? 

514.2 When will the annual rates of fees be 

published? 

514.3 What is the maximum fee rate? 

514.4 How does a gaming operation 

calculate the amount of the annual fee it 

owes? 

514.5 When must a gaming operation pay 

its annual fees? 

514.6 What are the quarterly statements 

that must be submitted with the fee 

payments? 

514.7 What should a gaming operation do 

if it changes its fiscal year or ceases 

operations? 

514.8 Where should fees, quarterly 

statements, and other communications 

about fees be sent? 

514.9 What happens if a gaming operation 

submits its fee payment or quarterly 

statement late? 

514.10 When does a late payment or 

quarterly statement submission become a 

failure to pay? 

514.11 Can a proposed late fee be 

appealed? 

514.12 When does a notice of late 

submission and/or a proposed late fee 

become a final order of the Commission 

and final agency action? 

514.13 How are late submission fees paid, 

and can interest be assessed? 

514.14 What happens if the fees imposed 

exceed the statutory maximum or if the 

Commission does not expend the full 

amount of fees collected in a fiscal year? 

514.15 May tribes submit fingerprint cards 

to the Commission for processing? 

514.16 How does the Commission adopt 

the fingerprint processing fee? 

514.17 How are fingerprint processing fees 

collected by the Commission? 

Authority: 25 U.S.C. 2706, 2710, 2717, 

2717a. 

§ 514.1 What is the purpose of this part? 

Each gaming operation under the 

jurisdiction of the Commission, 

including a gaming operation operated 

by a tribe with a certificate of selfregulation, shall pay to the Commission 

annual fees as established by the 

Commission. The Commission, by a 

vote of not less than two of its members, 

shall adopt the rates of fees to be paid. 

§ 514.2 When will the annual rates of fees 

be published? 

(a) The Commission shall adopt the 

rates of fees no later than November 1st 

of each year. 

(b) The Commission shall publish the 

rates of fees in a notice in the Federal 

Register. 

§ 514.3 What is the maximum fee rate? 

(a) The rates of fees imposed shall 

be— 

(1) No more than 2.5% of the first 

$1,500,000 of the assessable gross 

revenues from each gaming operation; 

and 

(2) No more than 5% of amounts in 

excess of the first $1,500,000 of the 

assessable gross revenues from each 

gaming operation. 

(b) If a tribe has a certificate of selfregulation, the rate of fees imposed on 

assessable gross revenues from the class 

II gaming activity shall be no more than 

0.25%. 

(c) The total amount of all fees 

imposed on assessable gross revenues 

during any fiscal year shall not exceed 

0.08% of the assessable gross gaming 

revenues of all gaming operations. 

§ 514.4 How does a gaming operation 

calculate the amount of the annual fee it 

owes? 

(a) The amount of annual fees owed 

shall be computed using: 

(1) The most recent rates of fees 

adopted by the Commission; and 

(2) The assessable gross revenues for 

the gaming operation’s assessed fiscal 

year. 

(b) Assessed fiscal year means the 

gaming operation’s fiscal year ending 

prior to January 1 of the year the 

Commission adopted fee rates. 

(c) For purposes of computing fees, 

assessable gross revenues for each 

gaming operation are the total amount of 

money wagered on class II and III 

games, plus entry fees (including table 

or card fees), less any amounts paid out 

as prizes or paid for prizes awarded, and 

less an allowance for capital 

expenditures for structures as reflected 

in the gaming operation’s audited 

financial statements. 

(d) Tier 1 assessable gross revenues 

are the first $1,500,000 of the assessable 

gross revenues from each gaming 

operation. Tier 2 assessable gross 

revenues are the amounts in excess of 

the first $1,500,000 of the assessable 

gross revenues from each gaming 

operation. 

(e) The allowance for capital 

expenditures for structures shall be 

either: 

(1) An amount not to exceed 5% of 

the cost of structures in use throughout 

the assessed fiscal year and 2.5% of the 

cost of structures in use during only a 

part of the assessed fiscal year; or 

(2) An amount not to exceed 10% of 

the total amount of depreciation 

expenses for the assessed fiscal year. 

(f) Unless otherwise provided by 

regulation, generally accepted 

accounting principles shall be used. 

§ 514.5 When must a gaming operation 

pay its annual fees? 

(a) Annual fees are payable to the 

Commission on a quarterly basis. The 

annual fee payable to the Commission 

optionally may be paid in full in the 

first quarterly payment. 

(b) Each gaming operation shall 

calculate the amount of fees to be paid, 

if any, and remit them with the 

quarterly statement required in § 514.6 

within three (3) months, six (6) months, 

nine (9) months, and twelve (12) months 

of the end of the gaming operation’s 

fiscal year. 

§ 514.6 What are the quarterly statements 

that must be submitted with the fee 

payments? 

(a) Each gaming operation shall file 

with the Commission quarterly 

statements showing its assessable gross 

revenues for the assessed fiscal year. 

(b) These statements shall show the 

amounts derived from each type of 

game, the amounts deducted for prizes, 

and the amounts deducted for the 

allowance for capital expenditures for 

structures. 

(c) The quarterly statements shall 

identify an individual or individuals to 

be contacted should the Commission 

need to communicate further with the 

gaming operation. A telephone number 

and email address for each individual 

identified shall be included. 

(d) Each quarterly statement shall 

include the computation of the fees 


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2906 Federal Register / Vol. 83, No. 14 / Monday, January 22, 2018 / Rules and Regulations 

payable, showing all amounts used in 

the calculations. The required 

calculations are as follows: 

(1) Multiply the Tier 1 assessable 

gross revenues by the rate for those 

revenues adopted by the Commission. 

(2) Multiply the Tier 2 assessable 

gross revenues by the rate for those 

revenues adopted by the Commission. 

(3) Add (total) the results (products) 

obtained in paragraphs (d)(1) and (2) of 

this section. 

(4) Multiply the total obtained in 

paragraph (d)(3) of this section by 1⁄4. 

(5) Adjust for prior amounts paid and 

credits received, if applicable. The 

gaming operation shall provide a 

detailed justification for the adjustment. 

(6) The amount computed in 

paragraph (d)(5) of this section is the 

amount to be remitted. 

(e) As required by part 571 of this 

chapter, quarterly statements must be 

reconciled with a tribe’s audited or 

reviewed financial statements for each 

gaming location. These reconciliations 

must be made available upon the 

request of any authorized representative 

of the Commission. 

§ 514.7 What should a gaming operation 

do if it changes its fiscal year or ceases 

operations? 

(a) If a gaming operation changes its 

fiscal year, it shall notify the 

Commission of the change within thirty 

(30) days. The Commission may request 

that the gaming operation prepare and 

submit to the Commission fees and 

statements for the period from the end 

of the previous fiscal year to the 

beginning of the new fiscal year. The 

submission must be sent to the 

Commission within ninety (90) days of 

its request. 

(b) If a gaming operation ceases 

operations, it shall notify the 

Commission within (30) days. The 

Commission may request that the 

gaming operation, using the most recent 

rates of fees adopted by the 

Commission, prepare and submit to the 

Commission fees and statements for the 

period from the end of the most recent 

quarter for which fees have been paid to 

the date operations ceased. The 

submission must be sent to the 

Commission within (90) days of its 

request. 

§ 514.8 Where should fees, quarterly 

statements, and other communications 

about fees be sent? 

Remittances, quarterly statements, 

and other communications about fees 

shall be sent to the Commission by the 

methods provided for in the rates of fees 

notice published in the Federal 

Register. 

§ 514.9 What happens if a gaming 

operation submits its fee payment or 

quarterly statement late? 

(a) In the event that a gaming 

operation fails to submit a fee payment 

or quarterly statement in a timely 

manner, the Chair of the Commission 

may issue a notice specifying: 

(1) The date the statement and/or 

payment was due; 

(2) The number of calendar days late 

the statement and/or payment was 

submitted; 

(3) A citation to the federal or tribal 

requirement that has been or is being 

violated; 

(4) The action being considered by the 

Chair; and 

(5) Notice of rights of appeal pursuant 

to subchapter H of this chapter. 

(b) Within fifteen (15) days of service 

of the notice, the recipient may submit 

written information about the notice to 

the Chair. The Chair shall consider any 

information submitted by the recipient 

as well as the recipient’s history of 

untimely submissions or failure to file 

statements and/or fee payments over the 

preceding five (5) years in determining 

the amount of the late fee, if any. 

(c) When practicable, within thirty 

(30) days of issuing the notice described 

in paragraph (a) of this section to a 

recipient, the Chair of the Commission 

may assess a proposed late fee against 

a recipient for each failure to file a 

timely quarterly statement and/or fee 

payment: 

(1) For statements and/or fee 

payments one (1) to thirty (30) calendar 

days late, the Chair may propose a late 

fee of up to, but not more than 10% of 

the fee amount for that quarter; 

(2) For statements and/or fee 

payments thirty-one (31) to sixty (60) 

calendar days late, the Chair may 

propose a late fee of up to, but not more 

than 15% of the fee amount for that 

quarter; and 

(3) For statements and/or fee 

payments sixty-one (61) to ninety (90) 

calendar days late, the Chair may 

propose a late fee of up to, but not more 

than 20% of the fee amount for that 

quarter. 

§ 514.10 When does a late payment or 

quarterly statement submission become a 

failure to pay? 

Statements and/or fee payments over 

ninety (90) calendar days late constitute 

a failure to pay the annual fee, as set 

forth in IGRA, 25 U.S.C. 2717(a)(4), and 

Commission regulations, 25 CFR 

573.4(a)(2). In accordance with 25 

U.S.C. 2717(a)(4), failure to pay fees 

shall be grounds for revocation of the 

approval of the Chair of any license, 

ordinance or resolution required under 

IGRA for the operation of gaming. In 

accordance with § 573.4(a)(2) of this 

chapter, if a tribe, management 

contractor, or individually owned 

gaming operation fails to pay the annual 

fee, the Chair may issue a notice of 

violation and, simultaneously with or 

subsequently to the notice of violation, 

a temporary closure order. 

§ 514.11 Can a proposed late fee be 

appealed? 

(a) Proposed late fees assessed by the 

Chair may be appealed under 

subchapter H of this chapter. 

(b) At any time prior to the filing of 

a notice of appeal under subchapter H 

of this chapter, the Chair and the 

recipient may agree to settle the notice 

of late submission, including the 

amount of the proposed late fee. In the 

event a settlement is reached, a 

settlement agreement shall be prepared 

and executed by the Chair and the 

recipient. If a settlement agreement is 

executed, the recipient shall be deemed 

to have waived all rights to further 

review of the notice or late fee in 

question, except as otherwise provided 

expressly in the settlement agreement. 

In the absence of a settlement of the 

issues under this paragraph (b), the 

recipient may contest the proposed late 

fee before the Commission in 

accordance with subchapter H of this 

chapter. 

§ 514.12 When does a notice of late 

submission and/or a proposed late fee 

become a final order of the Commission 

and final agency action? 

If the recipient fails to appeal under 

subchapter H of this chapter, the notice 

and the proposed late fee shall become 

a final order of the Commission and 

final agency action. 

§ 514.13 How are late submission fees 

paid, and can interest be assessed? 

(a) Late fees assessed under this part 

shall be paid by the person or entity 

assessed and shall not be treated as an 

operating expense of the operation. 

(b) The Commission shall transfer the 

late fee paid under this subchapter to 

the U.S. Treasury. 

(c) Interest shall be assessed at rates 

established from time to time by the 

Secretary of the Treasury on amounts 

remaining unpaid after their due date. 

§ 514.14 What happens if the fees imposed 

exceed the statutory maximum or if the 

Commission does not expend the full 

amount of fees collected in a fiscal year? 

(a) The total amount of all fees 

imposed during any fiscal year shall not 

exceed the statutory maximum imposed 

by Congress. The Commission shall 

credit pro-rata any fees collected in 


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Federal Register / Vol. 83, No. 14 / Monday, January 22, 2018 / Rules and Regulations 2907 

excess of this amount against amounts 

otherwise due. 

(b) To the extent that revenue derived 

from fees imposed under the rates of 

fees established under § 514.2 are not 

expended or committed at the close of 

any fiscal year, such funds shall remain 

available until expended to defray the 

costs of operations of the Commission. 

§ 514.15 May tribes submit fingerprint 

cards to the Commission for processing? 

Tribes may submit fingerprint cards to 

the Commission for processing by the 

Federal Bureau of Investigation and the 

Commission may charge a fee to process 

fingerprint cards on behalf of the tribes. 

§ 514.16 How does the Commission adopt 

the fingerprint processing fee? 

(a) The Commission shall review 

annually the costs involved in 

processing fingerprint cards and, by a 

vote of not less than two of its members, 

shall adopt the fingerprint processing 

fee no later than November 1st of each 

year. 

(b) The Commission shall publish the 

fingerprint processing fee in a notice in 

the Federal Register. 

(c) The fingerprint processing fee 

shall be based on fees charged by the 

Federal Bureau of Investigation and 

costs incurred by the Commission. 

Commission costs include Commission 

personnel, supplies, equipment costs, 

and postage to submit the results to the 

requesting tribe. 

§ 514.17 How are fingerprint processing 

fees collected by the Commission? 

(a) Fees for processing fingerprint 

cards will be billed monthly to each 

Tribe for cards processed during the 

prior month. Tribes shall pay the 

amount billed within forty-five (45) 

days of the date of the bill. 

(b) The Chair may suspend fingerprint 

card processing for a tribe that has a bill 

remaining unpaid for more than fortyfive (45) days. 

(c) Remittances and other 

communications about fingerprint 

processing fees shall be sent to the 

Commission by the methods provided 

for in the rates of fees notice published 

in the Federal Register. 

Dated: January 9, 2018. 

Jonodev O. Chaudhuri, 

Chairman. 

Kathryn Isom-Clause, 

Vice Chair. 

E. Sequoyah Simermeyer, 

Associate Commissioner. 

[FR Doc. 2018–00877 Filed 1–19–18; 8:45 am] 

BILLING CODE 7565–01–P 

DEPARTMENT OF THE INTERIOR 

Office of Natural Resources Revenue 

30 CFR Part 1241 

[Docket No. ONRR–2017–0003; DS63644000 

DR2PS0000.CH7000 189D0102R2] 

RIN 1012–AA23 

Inflation Adjustments to Civil Monetary 

Penalty Rates for Calendar Year 2018 

AGENCY: Office of the Secretary, Office 

of Natural Resources Revenue, Interior. 

ACTION: Final rule. 

SUMMARY: The Office of Natural 

Resources Revenue (ONRR) publishes 

this final rule to increase our maximum 

civil monetary penalty (CMP) rates for 

inflation occurring between October 

2016 and October 2017. 

DATES: This rule is effective on January 

22, 2018. 

FOR FURTHER INFORMATION CONTACT: For 

questions on procedural issues, contact 

Armand Southall, Regulatory Specialist, 

by telephone at (303) 231–3221 or email 

to Armand.Southall@onrr.gov. For 

questions on technical issues, contact 

Geary Keeton, Chief of Enforcement, by 

telephone at (303) 231–3096 or email to 

Geary.Keeton@onrr.gov. You may obtain 

a paper copy of this rule by contacting 

Mr. Southall by phone or email. 

SUPPLEMENTARY INFORMATION: 

I. Background 

II. Inflation-Adjusted Maximum Rates 

III. Procedural Requirements 

A. Regulatory Planning and Review (E.O. 

12866) 

B. Regulatory Flexibility Act 

C. Small Business Regulatory Enforcement 

Fairness Act 

D. Unfunded Mandates Reform Act 

E. Takings (E.O. 12630) 

F. Federalism (E.O. 13132) 

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

H. Consultation With Indian Tribes (E.O. 

13175) 

I. Paperwork Reduction Act 

J. National Environmental Policy Act 

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

13211) 

L. Clarity of This Regulation 

M. Administrative Procedure Act 

I. Background 

The Federal Civil Penalties Inflation 

Adjustment Act of 1990, as amended by 

the Federal Civil Penalties Inflation 

Adjustment Act Improvements Act of 

2015 (collectively, ‘‘the Act’’), codified 

at 28 U.S.C.S. 2461 note (LEXIS through 

Pub. L. 115–90, approved 12/8/17), 

requires Federal agencies to adjust their 

civil monetary penalty (CMP) rates for 

inflation every year. 

In accordance with sections 4 and 5 

of the Act, the annual CMP inflation 

adjustment for 2018 is based on the 

percent change in the Consumer Price 

Index for all Urban Consumers (CPI–U) 

between October 2016 and October 

2017. The CPI–U for October 2016 was 

241.729, and for October 2017 was 

246.663, for an increase of 2.041%. In 

accordance with section 5(a) of the Act, 

the new maximum CMP rates must be 

rounded to the nearest whole dollar. In 

accordance with section 6 of the Act, 

the new maximum penalty rates will 

apply only to CMPs, including those 

which are associated with violations 

predating the increase, that are assessed 

after the date the increase takes effect. 

ONRR assesses CMPs under the 

Federal Oil and Gas Royalty 

Management Act, 30 U.S.C. 1719, and 

our regulations at 30 CFR part 1241. We 

calculate and assess CMPs per violation, 

at the applicable rate, for each day such 

violation continues. 

II. Inflation-Adjusted Maximum Rates 

This final rule increases the 

maximum CMP rates for each of the four 

categories of violations identified in 30 

U.S.C. 1719(a)–(d) and 30 CFR part 

1241. The following list identifies the 

existing ONRR regulations containing 

CMP rates and shows those rates before 

and after this increase. 

30 CFR citation Current 

penalty rate 

2018 

inflation 

adjustment 

multiplier 

2018 

adjusted 

penalty rate 

1241.52(a)(2) ............................................................................................................................... 1,196 1.02041 1,220 

1241.52(b) .................................................................................................................................... 11,967 1.02041 12,211 

1241.60(b)(1) ............................................................................................................................... 23,933 1.02041 24,421 

1241.60(b)(2) ............................................................................................................................... 59,834 1.02041 61,055 


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