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DOD/COE RIN: 0710-AB10 Publication ID: Spring 2019 
Title: ●Civil Monetary Penalty Inflation Adjustment Rule 
Abstract:

The U.S. Army Corps of Engineers (Corps) is issuing this final rule to adjust a civil monetary penalty under the Rivers and Harbors Appropriation Act of 1922 to account for inflation. This action is mandated by the Federal Civil Penalties Inflation Adjustment Act of 1990, as amended by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (Inflation Adjustment Act), which requires agencies to adjust the levels of civil monetary penalties with an initial catch-up adjustment followed by annual adjustments for inflation. The adjustment criteria are provided by the Inflation Adjustment Act for the initial catch-up adjustment; the December 16, 2016, Office of Management and Budget (OMB) Memorandum regarding the Implementation of the 2017 annual adjustment pursuant to the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015; the December 15, 2017, OMB Memorandum regarding the Implementation of Penalty Inflation Adjustments for 2018, Pursuant to the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015; and the December 14, 2018, OMB Memorandum regarding the implementation of Penalty Inflation Adjustments for 2019, Pursuant to the Federal Civil Penalties Inflation Adjustment Act Improvement Act of 2015. The 2016 catch-up adjustment and the 2017, 2018, and 2019 annual adjustments for inflation will increase the maximum civil penalty under 33 U.S.C. 555 to $5,732 per violation.

 
Agency: Department of Defense(DOD)  Priority: Routine and Frequent 
RIN Status: First time published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: No  Unfunded Mandates: Undetermined 
EO 13771 Designation: Fully or Partially Exempt 
CFR Citation: 33 CFR 207   
Legal Authority: 33 U.S.C. 1    33 U.S.C. 555    28 U.S.C. 2461   
Legal Deadline:  None
Timetable:
Action Date FR Cite
Final Action  07/00/2019 
Regulatory Flexibility Analysis Required: Undetermined  Government Levels Affected: Undetermined 
Federalism: Undetermined 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
Forrest B. Vanderbilt
Department of Defense
U.S. Army Corps of Engineers
CEIWR, 7701 Telegraph Road,
Alexandria, VA 22315-3860
Phone:703 428-6288
Email: forrest.b.vanderbilt@usace.army.mil