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DOD/COE RIN: 0710-AB13 Publication ID: Fall 2019 
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. 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.


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: Undetermined  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   
Legal Deadline:  None
Action Date FR Cite
Final Action  03/00/2020 
Final Action Effective  03/00/2020 
Regulatory Flexibility Analysis Required: Undetermined  Government Levels Affected: None 
Small Entities Affected: No  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