34490 Federal Register / Vol. 74, No. 134 / Wednesday, July 15, 2009 / Rules and Regulations 

DEPARTMENT OF THE INTERIOR 

Office of Surface Mining Reclamation 

and Enforcement 

30 CFR Parts 723, 724, 845 and 846 

[Docket ID: OSM–2009–0004] 

RIN 1029–AC61 

Civil Monetary Penalties 

AGENCY: Office of Surface Mining 

Reclamation and Enforcement, Interior. 

ACTION: Final rule. 

SUMMARY: This rule adjusts the penalty 

amount of certain civil monetary 

penalties authorized by the Surface 

Mining Control and Reclamation Act of 

1977 (SMCRA). The rule implements 

the Federal Civil Penalties Inflation 

Adjustment Act of 1990 which requires 

that civil monetary penalties be adjusted 

for inflation at least once every four 

years. 

DATES: Effective Date: November 28, 

2009. 

FOR FURTHER INFORMATION CONTACT: 

Andy DeVito, Office of Surface Mining 

Reclamation and Enforcement, South 

Interior Building MS–252, 1951 

Constitution Avenue, NW., Washington, 

DC 20240; Telephone (202) 208–2701. 

E-mail: adevito@osmre.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

A. The Federal Civil Penalties Inflation 

Adjustment Act 

B. Method of Calculation 

C. Example of a Calculation 

D. Civil Monetary Penalties Affected by 

This Adjustment 

E. Effect of the Rule in Federal Program 

States and on Indian Lands 

F. Effect of the Rule on Approved State 

Programs 

II. Procedural Matters and Required 

Determinations 

I. Background 

A. The Federal Civil Penalties Inflation 

Adjustment Act 

In an effort to maintain the deterrent 

effect of civil monetary penalties (CMPs) 

and promote compliance with the law, 

the Federal Civil Penalties Inflation 

Adjustment Act of 1990 (Inflation 

Adjustment Act), as amended by the 

Debt Collection Improvement Act of 

1996, requires Federal agencies to 

regularly adjust CMPs for inflation. 28 

U.S.C. 2461, note. The Inflation 

Adjustment Act, as amended, requires 

each agency to make an initial 

inflationary adjustment for all 

applicable CMPs, and to make 

subsequent adjustments at least once 

every four years thereafter. We, the 

Office of Surface Mining Reclamation 

and Enforcement (OSM), have adjusted 

the CMPs authorized by SMCRA on 

three previous occasions: November 28, 

1997 (62 FR 63274), November 21, 2001 

(66 FR 58644), and November 22, 2005 

(70 FR 70698). As required by the 

Inflation Adjustment Act, we are again 

adjusting our CMPs according to the 

formula set forth in the law. 

Under the Inflation Adjustment Act, 

the amount of the adjustment for a CMP 

is determined by increasing the CMP by 

the amount of the cost-of-living 

adjustment. The cost-of-living 

adjustment is defined as the percentage 

of each CMP by which the Consumer 

Price Index for the month of June of the 

calendar year preceding the adjustment 

exceeds the Consumer Price Index for 

the month of June of the calendar year 

in which the amount of the CMP was 

last set or adjusted. The Inflation 

Adjustment Act defines the Consumer 

Price Index as the ‘‘Consumer Price 

Index for all urban-consumers [the CPI– 

U] published by the Department of 

Labor.’’ See 28 U.S.C. 2461, note. The 

Inflation Adjustment Act specifies that 

any resulting increases in a CMP must 

be rounded according to a stated 

rounding formula. Id. The increased 

CMPs apply only to violations that 

occur after the date the increase takes 

effect. Id. 

B. Method of Calculation 

Because these adjustments will be 

effective before December 31, 2009, we 

are calculating the CMP increases based 

on the CPI–U inflation factor for the 

month of June 2008, which is 218.815. 

Because of the rounding formula 

contained in the Inflation Adjustment 

Act, we did not adjust all CMPs in 2001 

or 2005. Thus, we are using three 

different multipliers for the current 

CMP adjustments. 

First, for the CMPs that were last 

adjusted in 1997, we are using a 

multiplier of 1.3650 (a 36.5 percent 

increase). We arrived at this multiplier 

by dividing the CPI–U for June 2008 

(218.815) by the CPI–U for June 1997 

(160.3). 

Second, for the CMPs that were last 

adjusted in 2001, we are using a 

multiplier of 1.2293 (a 22.93 percent 

increase). We arrived at this multiplier 

by dividing the CPI–U for June 2008 

(218.815) by the CPI–U for June 2001 

(178.0). 

Last, for the CMPs that were last 

adjusted in 2005, we are using a 

multiplier of 1.1250 (a 12.50 percent 

increase). We arrived at this multiplier 

by dividing the CPI–U for June 2008 

(218.815) by the CPI–U for June 2005 

(194.5). 

Any potential increase under these 

adjustments is subject to the rounding 

formula set forth in section 5(a) of the 

Inflation Adjustment Act. See 28 U.S.C. 

2461, note. Under the formula, any 

increase must be rounded to the nearest: 

(1) Multiple of $10 in the case of 

penalties less than or equal to $100; 

(2) Multiple of $100 in the case of 

penalties greater than $100 but less than 

or equal to $1,000; 

(3) Multiple of $1,000 in the case of 

penalties greater than $1,000 but less 

than or equal to $10,000; 

(4) Multiple of $5,000 in the case of 

penalties greater than $10,000 but less 

than or equal to $100,000; 

(5) Multiple of $10,000 in the case of 

penalties greater than $100,000 but less 

than or equal to $200,000; and 

(6) Multiple of $25,000 in the case of 

penalties greater than $200,000. 

C. Example of a Calculation 

The following example illustrates the 

inflation adjustment calculation based 

on a CMP that was last adjusted in 2005: 

Generally, OSM assigns points to a 

violation as described in 30 CFR 845.13. 

The CMP owed is based on the number 

of points received. So, under our 

existing regulations in 30 CFR 845.14, a 

violation totaling 70 points would 

amount to a $6,500 CMP. 

To adjust this amount, using the 

formula above, we multiply $6,500 by 

the inflation factor of 1.1250, resulting 

in a raw inflation amount of $7,312.50. 

Because the Inflation Adjustment Act 

requires us to round any increase in the 

CMP amount, we must then calculate 

the difference in the raw inflation 

amount and the existing penalty. So, we 

subtract the current penalty amount 

($6,500.00) from the raw inflation 

adjustment ($7,312.50), which results in 

an increase of $812.50. 

The rounding formula in section 5(a) 

of the Inflation Adjustment Act specifies 

that if the penalty is greater than $1,000 

but less than $10,000, the increase must 

be rounded to the nearest multiple of 

$1,000. Therefore, we round $812.50 up 

to $1,000.00. Finally, we add the 

rounded increase ($1,000.00) to the 

existing penalty ($6,500.00), resulting in 

a new penalty amount of $7,500.00. 

For those CMPs that were last 

adjusted in 1997 or 2001, the 

calculation would be the same, but the 

multiplier would be either 1.3650 or 

1.2293, instead of 1.1250. When the 

regulations in 30 CFR 845.14 were 

issued in 1982 (47 FR 35640), the 

amount of the civil penalty that was 

assessed increased by $20.00 with each 

additional point that was assessed from 

2 through 25, and the penalty increased 

by $100.00 with each additional point 


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Federal Register / Vol. 74, No. 134 / Wednesday, July 15, 2009 / Rules and Regulations 34491 

that was assessed from 25 through 70. 

For example, an assessment of 47 points 

resulted in a penalty of $2,700.00, and 

an assessment of 48 points resulted in 

an assessment of $2,800.00. Because of 

the rounding formula required by the 

law, the difference in the penalty 

amount for each additional point is no 

longer consistent in many instances. 

D. Civil Monetary Penalties Affected by 

This Adjustment 

Section 518 of SMCRA, 30 U.S.C. 

1268, authorizes the Secretary of the 

Interior to assess CMPs for violations of 

SMCRA. OSM’s regulations 

implementing the CMP provisions of 

section 518 are located in 30 CFR parts 

723, 724, 845, and 846. Because of the 

rounding formula specified in the 

Inflation Adjustment Act, we are only 

adjusting CMPs in four sections—30 

CFR 723.14, 724.14, 845.14, and 846.14. 

When we review and adjust our CMPs 

in 2013, we will compare the CPI–U for 

June 2012 with the CPI–U for the year 

in which each CMP was last adjusted. 

In some instances that will be 2001, 

2005, or 2009. 

E. Effect of the Rule in Federal Program 

States and on Indian Lands 

The increase in civil monetary 

penalties contained in this rule will 

apply through cross-referencing to the 

following Federal program states: 

Arizona, California, Georgia, Idaho, 

Massachusetts, Michigan, North 

Carolina, Oregon, Rhode Island, South 

Dakota, Tennessee, and Washington. 

The Federal programs for those States 

appear at 30 CFR parts 903, 905, 910, 

912, 921, 922, 933, 937, 939, 941, 942, 

and 947, respectively. The increase in 

civil monetary penalties also applies 

through cross-referencing to Indian 

lands under the Federal program for 

Indian lands as provided for in 30 CFR 

750.18. 

F. Effect of the Rule on Approved State 

Programs 

Section 518(i) of SMCRA requires that 

the civil penalty provisions of each 

State program contain penalties which 

are ‘‘no less stringent than’’ those set 

forth in SMCRA. Our regulations specify 

that each State program ‘‘shall contain 

penalties which are no less stringent 

than those set forth in section 518 of the 

Act and shall be consistent with 30 CFR 

part 845.’’ 30 CFR 840.13(a). In order to 

implement the penalty provisions of 

section 518(a) of SMCRA, we developed 

a point system for determining the 

amount of the CMP to assess for a 

violation of our regulations. 44 FR 

15461–63 (Mar. 13, 1979). However, in 

a 1980 decision on OSM’s regulations 

governing CMPs, the U.S. District Court 

for the District of Columbia held that 

because section 518 of SMCRA fails to 

enumerate a point system for assessing 

CMPs, we cannot require the States to 

adopt the point system and civil penalty 

amounts found in 30 CFR 845.14. In re 

Permanent Surface Mining Regulation 

Litigation, No. 79–1144, Mem. Op. 

(D.D.C. Feb. 26, 1980), 14 Env’t Rep. 

Cas. (BNA) 1083. In response to the 

Secretary’s request for clarification, the 

Court further stated that it could not 

uphold requiring the States to impose 

penalties as stringent as those appearing 

in 30 CFR 845.15. In re Permanent 

Surface Mining Regulation Litigation, 

No. 79–1144, Mem. Op. (D.D.C. May 16, 

1980), 19 Env’t Rep. Cas. (BNA) 1477. 

As a result of the litigation, 30 CFR 

840.13(a) was suspended in part on 

August 4, 1980. 45 FR 51548. 

Consequently, State regulatory programs 

are not required to mirror all of the 

penalty provisions of our regulations. 

II. Procedural Matters and Required 

Determinations 

Administrative Procedure Act 

This final rule has been issued 

without prior public notice or 

opportunity for public comment. The 

Administrative Procedure Act (APA) 

provides an exception to the notice and 

comment procedures when an agency 

finds there is good cause for dispensing 

with such procedures on the basis that 

they are impracticable, unnecessary, or 

contrary to the public interest. 5 U.S.C. 

553(b). We have determined that under 

5 U.S.C. 553(b), good cause exists for 

dispensing with the notice of proposed 

rulemaking and public comment 

procedures for this rule. This 

rulemaking is consistent with the 

statutory authority and requirements set 

forth in the Inflation Adjustment Act as 

amended by the Debt Collection 

Improvement Act of 1996. The Inflation 

Adjustment Act requires that we adjust 

our CMPs once every four years and 

specifies the manner in which the 

adjustment is to be made. Accordingly, 

the adjustments made are ministerial, 

technical, and non-discretionary. 

Executive Order 12866—Regulatory 

Planning and Review 

This rule has been reviewed under the 

provisions of Executive Order 12866 

and is not considered a significant 

regulatory action. This determination is 

based on the fact that the rule adjusts 

OSM’s CMPs according to the formula 

contained in the Inflation Adjustment 

Act. OSM has no discretion in making 

the adjustments. Further, most coal 

mining operations subject to the rule do 

not engage in prohibited activities and 

practices and, as a result, we believe 

that the aggregate economic impact of 

these revised regulations will be 

minimal, affecting only those who may 

engage in prohibited behavior in 

violation of SMCRA. 

Our civil penalty data for Fiscal Years 

2005–2008 indicates that over a four 

year period, we collected an average of 

approximately $129,000 annually for all 

violations. If we assume that the average 

annual collection remains constant at 

$129,000, and we adjusted that 

collection figure for inflation using the 

largest inflation factor contained in this 

rule (36.50 percent), the CMPs collected 

annually under the new penalty 

amounts would result in an annual 

increase of approximately $47,000 for a 

total CMP collection of $176,000 

annually. Because the majority of the 

increases are based on lower inflation 

factors (22.93 percent or 12.50 percent) 

the actual annual increase will be even 

less. Consequently, the annual increase 

in CMPs that we might reasonably 

expect to collect under the revised 

dollar amounts contained in this rule is 

substantially less than the $100 million 

annual threshold contained in Executive 

Order 12866 for an economically 

significant rule. Based on the above 

data, we have determined that: 

a. The rule will not have an annual 

effect of $100 million or more on the 

economy, nor will it adversely affect in 

a material way the economy, 

productivity, competition, jobs, the 

environment, public health or safety, or 

State, local, or Tribal governments or 

communities. 

b. The rule will not create a serious 

inconsistency or otherwise interfere 

with an action taken or planned by 

another agency. 

c. The rule will not alter the 

budgetary effects of entitlements, grants, 

user fees, or loan programs or the rights 

or obligations of their recipients. 

d. The rule does not raise novel legal 

or policy issues. 

Regulatory Flexibility Act 

The Department of the Interior 

certifies that this revision will not have 

a significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.). As discussed above, 

the aggregate economic impact of this 

rulemaking on small business entities 

should be minimal, and affects only 

those who violate the provisions of 

SMCRA. 


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34492 Federal Register / Vol. 74, No. 134 / Wednesday, July 15, 2009 / Rules and Regulations 

Small Business Regulatory Enforcement 

Fairness Act 

For the reasons previously stated, this 

rule is not considered a major rule 

under 5 U.S.C. 804(2), the Small 

Business Regulatory Enforcement 

Fairness Act. This rule: 

1. Will not have an annual effect on 

the economy of $100 million. 

2. Will not cause a major increase in 

costs or prices for consumers, 

individual industries, federal, state, or 

local government agencies, or 

geographic regions because the rule 

does not impose new requirements on 

the coal mining industry or consumers. 

3. Will 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. 

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. As 

previously discussed, the annual 

increase in CMPs that we might 

reasonably expect to collect under the 

revised dollar amounts contained in this 

rule is substantially less than the $100 

million annual threshold. A statement 

containing the information required by 

the Unfunded Mandates Reform Act (2 

U.S.C. 1531 et seq.) is not required. 

Federal Paperwork Reduction Act 

This rule does not contain collections 

of information which require approval 

by the Office of Management and 

Budget under 44 U.S.C. 3501 et seq. 

National Environmental Policy Act 

This rule does not constitute a major 

Federal action significantly affecting the 

quality of the human environment. A 

detailed statement under the National 

Environmental Policy Act of 1969 is not 

required because the rule is covered by 

the categorical exclusion listed in the 

Department of the Interior regulations at 

43 CFR 46.210(i). That categorical 

exclusion covers policies, directives, 

regulations and guidelines that are of an 

administrative, financial, legal, 

technical, or procedural nature. 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 the National Environmental 

Policy Act. 

Executive Order 12988—Civil Justice 

Reform 

This rule complies with the 

requirements of Executive Order 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. 

Executive Order 13211—Regulations 

That Significantly Affect the Supply, 

Distribution, or Use of Energy 

Executive Order 13211 requires 

agencies to prepare a Statement of 

Energy Effects for a rule that is (1) 

considered significant under Executive 

Order 12866, and (2) likely to have a 

significant adverse effect on the supply, 

distribution, or use of energy. Because 

this rule is not considered significant 

under Executive Order 12866 and is not 

expected to have a significant adverse 

effect on the supply, distribution, or use 

of energy, a Statement of Energy Effects 

is not required. 

Executive Order 13175—Consultation 

and Coordination With Indian Tribal 

Governments 

In accordance with Executive Order 

13175, we have evaluated the potential 

effects of this rule on Federallyrecognized Indian tribes and have 

determined that the proposed revisions 

would not have substantial direct effects 

on the relationship between the Federal 

Government and Indian Tribes, or on 

the distribution of power and 

responsibilities between the Federal 

Government and Indian Tribes. 

Executive Order 12630—Takings 

Under the criteria in Executive Order 

12630, this rule does not have 

significant takings implications; 

therefore, a takings implication 

assessment is not required. This 

determination is based on the fact that 

the rule will not have an impact on the 

use or value of private property. 

Executive Order 13132—Federalism 

This rule does not have Federalism 

implications. It 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.’’ 

Data Quality Act 

In developing this rule we did not 

conduct or use a study, experiment, or 

survey requiring peer review under the 

Data Quality Act (Pub. L. 106–554). 

List of Subjects 

30 CFR Part 723 

Administrative practice and 

procedure, Penalties, Surface mining, 

Underground mining. 

30 CFR Part 724 

Administrative practice and 

procedure, Penalties, Surface mining, 

Underground mining. 

30 CFR Part 845 

Administrative practice and 

procedure, Law enforcement, Penalties, 

Reporting and recordkeeping 

requirements, Surface mining, 

Underground mining. 

30 CFR Part 846 

Administrative practice and 

procedure, Penalties, Surface mining, 

Underground mining. 

Dated: June 9, 2009. 

Ned Farquhar, 

Acting Assistant Secretary, Land and 

Minerals Management. 

■ For the reasons set out in the 

preamble, 30 CFR parts 723, 724, 845 

and 846 are amended as follows: 

PART 723—CIVIL PENALTIES 

■ 1. The authority citation for Part 723 

continues to read as follows: 

Authority: 28 U.S.C. 2461, 30 U.S.C. 1201 

et seq., and 31 U.S.C. 3701. 

■ 2. Section 723.14 is amended by 

revising the table to read as follows: 

§ 723.14 Determination of amount of 

penalty. 

Points Dollars 

1 ............................................ 32 

2 ............................................ 64 

3 ............................................ 86 

4 ............................................ 108 

5 ............................................ 110 

6 ............................................ 132 

7 ............................................ 254 

8 ............................................ 276 

9 ............................................ 298 

10 .......................................... 320 

11 .......................................... 342 

12 .......................................... 364 

13 .......................................... 386 

14 .......................................... 508 

15 .......................................... 530 

16 .......................................... 552 

17 .......................................... 574 

18 .......................................... 596 

19 .......................................... 618 

20 .......................................... 640 


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Federal Register / Vol. 74, No. 134 / Wednesday, July 15, 2009 / Rules and Regulations 34493 

Points Dollars 

21 .......................................... 662 

22 .......................................... 684 

23 .......................................... 706 

24 .......................................... 728 

25 .......................................... 750 

26 .......................................... 860 

27 .......................................... 1,070 

28 .......................................... 1,080 

29 .......................................... 1,090 

30 .......................................... 1,100 

31 .......................................... 1,210 

32 .......................................... 1,320 

33 .......................................... 2,430 

34 .......................................... 2,540 

35 .......................................... 2,650 

36 .......................................... 2,760 

37 .......................................... 2,870 

38 .......................................... 2,980 

39 .......................................... 3,090 

40 .......................................... 3,200 

41 .......................................... 3,310 

42 .......................................... 3,420 

43 .......................................... 3,530 

44 .......................................... 3,640 

45 .......................................... 3,750 

46 .......................................... 3,860 

47 .......................................... 3,970 

48 .......................................... 5,080 

49 .......................................... 5,190 

50 .......................................... 5,300 

51 .......................................... 5,410 

52 .......................................... 5,520 

53 .......................................... 5,630 

54 .......................................... 5,740 

55 .......................................... 5,850 

56 .......................................... 5,960 

57 .......................................... 6,070 

58 .......................................... 6,180 

59 .......................................... 6,290 

60 .......................................... 6,400 

61 .......................................... 6,510 

62 .......................................... 6,620 

63 .......................................... 6,730 

64 .......................................... 6,840 

65 .......................................... 6,950 

66 .......................................... 7,060 

67 .......................................... 7,170 

68 .......................................... 7,280 

69 .......................................... 7,390 

70 .......................................... 7,500 

PART 724—INDIVIDUAL CIVIL 

PENALTIES 

■ 3. The authority citation for Part 724 

continues to read as follows: 

Authority: 28 U.S.C. 2461, 30 U.S.C. 1201 

et seq., and 31 U.S.C. 3701. 

■ 4. Section 724.14 is amended by 

revising the first sentence of paragraph 

(b) to read as follows: 

§ 724.14 Amount of individual civil penalty. 

* * * * * 

(b) The penalty shall not exceed 

$7,500 for each violation. * * * 

PART 845—CIVIL PENALTIES 

■ 5. The authority citation for Part 845 

continues to read as follows: 

Authority: 28 U.S.C. 2461, 30 U.S.C. 1201 

et seq., 31 U.S.C. 3701, Public Law 100–202, 

and Public Law 100–446. 

■ 6. Section 845.14 is amended by 

revising the table to read as follows: 

§ 845.14 Determination of amount of 

penalty. 

* * * * * 

Points Dollars 

1 ............................................ 32 

2 ............................................ 64 

3 ............................................ 86 

4 ............................................ 108 

5 ............................................ 110 

6 ............................................ 132 

7 ............................................ 254 

8 ............................................ 276 

9 ............................................ 298 

10 .......................................... 320 

11 .......................................... 342 

12 .......................................... 364 

13 .......................................... 386 

14 .......................................... 508 

15 .......................................... 530 

16 .......................................... 552 

17 .......................................... 574 

18 .......................................... 596 

19 .......................................... 618 

20 .......................................... 640 

21 .......................................... 662 

22 .......................................... 684 

23 .......................................... 706 

24 .......................................... 728 

25 .......................................... 750 

26 .......................................... 860 

27 .......................................... 1,070 

28 .......................................... 1,080 

29 .......................................... 1,090 

30 .......................................... 1,100 

31 .......................................... 1,210 

32 .......................................... 1,320 

33 .......................................... 2,430 

34 .......................................... 2,540 

Points Dollars 

35 .......................................... 2,650 

36 .......................................... 2,760 

37 .......................................... 2,870 

38 .......................................... 2,980 

39 .......................................... 3,090 

40 .......................................... 3,200 

41 .......................................... 3,310 

42 .......................................... 3,420 

43 .......................................... 3,530 

44 .......................................... 3,640 

45 .......................................... 3,750 

46 .......................................... 3,860 

47 .......................................... 3,970 

48 .......................................... 5,080 

49 .......................................... 5,190 

50 .......................................... 5,300 

51 .......................................... 5,410 

52 .......................................... 5,520 

53 .......................................... 5,630 

54 .......................................... 5,740 

55 .......................................... 5,850 

56 .......................................... 5,960 

57 .......................................... 6,070 

58 .......................................... 6,180 

59 .......................................... 6,290 

60 .......................................... 6,400 

61 .......................................... 6,510 

62 .......................................... 6,620 

63 .......................................... 6,730 

64 .......................................... 6,840 

65 .......................................... 6,950 

66 .......................................... 7,060 

67 .......................................... 7,170 

68 .......................................... 7,280 

69 .......................................... 7,390 

70 .......................................... 7,500 

PART 846—CIVIL PENALTIES 

■ 7. The authority citation for Part 846 

continues to read as follows: 

Authority: 28 U.S.C. 2461, 30 U.S.C. 1201 

et seq., and 31 U.S.C. 3701. 

■ 8. Section 846.14 is amended by 

revising the first sentence of paragraph 

(b) to read as follows: 

§ 846.14 Amount of individual civil penalty. 

* * * * * 

(b) The penalty shall not exceed 

$7,500 for each violation. * * * 

[FR Doc. E9–16793 Filed 7–14–09; 8:45 am] 

BILLING CODE 4310–05–P 


srobinson on DSKHWCL6B1PROD with RULES2