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DOD/COE RIN: 0710-AA77 Publication ID: Fall 2016 
Title: ●Civil Monetary Penalty Inflation Adjustment 

The Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 amended the Federal Civil Penalties Inflation Adjustment Act of 1990. OMB issued implementing guidance to agencies on 24 February 2016. The goals of the civil penalty inflation adjustment are to improve effectiveness of civil monetary penalties and to maintain their deterrent effect. The Act requires agencies to adjust the level of civil monetary penalties with an initial catch-up adjustment and to make subsequent annual adjustments for inflation. This rulemaking will ensure Corps compliance with the Act and will amend the civil penalty amounts cited in Corps regulations at 33 CFR 326 assessed under section 404 of the Clean Water Act and the National Fishing Enhancement Act. The Inflation Adjustment Act provides a clear formula for adjustment of the civil penalties, and the Corps has no discretion to vary the amount of the adjustment to reflect any views or suggestions provided by commenters. The Corps finds that notice and comment would be impracticable and unnecessary in this situation and contrary to the language of the Inflation Adjustment Act, which is consistent with the other agencies that have complied with the Act.

Agency: Department of Defense(DOD)  Priority: Substantive, Nonsignificant 
RIN Status: First time published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: Undetermined  Unfunded Mandates: Undetermined 
CFR Citation: 33 CFR 326   
Legal Authority: Pub. L. 114-74    33 U.S.C. 401 et seq.    33 U.S.C. 1344    33 U.S.C. 1413    33 U.S.C. 2104    33 U.S.C. 1319    ...   
Legal Deadline:  None
Action Date FR Cite
Direct Final Rule  11/00/2016 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
Stacey Jensen
Department of Defense
U.S. Army Corps of Engineers
441 G Street NW.,
Washington, DC 20314
Phone:202 761-5856