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DOD/COE | RIN: 0710-AA82 | Publication ID: Spring 2019 |
Title: Civil Monetary Penalty Inflation Adjustment | |
Abstract:
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 February 24, 2016 and December 15, 2017. 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. |
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Agency: Department of Defense(DOD) | Priority: Substantive, Nonsignificant |
RIN Status: Previously published in the Unified Agenda | Agenda Stage of Rulemaking: Final Rule Stage |
Major: No | Unfunded Mandates: No |
EO 13771 Designation: Fully or Partially Exempt | |
CFR Citation: 33 CFR 326 | |
Legal Authority: Pub. L. 114-74 33 U.S.C. 1319 33 U.S.C. 1344 33 U.S.C. 2104 33 U.S.C. 1344 33 U.S.C. 401 et seq. ... |
Legal Deadline:
None |
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Timetable:
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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: David B. Olson Regulatory Program Manager Department of Defense U.S. Army Corps of Engineers CECW-CO-R, 441 G Street NW, Washington, DC 20314-1000 Phone:202 761-4922 Email: david.b.olson@usace.army.mil |