[Federal Register Volume 61, Number 20 (Tuesday, January 30, 1996)]
[Rules and Regulations]
[Pages 2917-2918]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-1748]
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DEPARTMENT OF THE INTERIOR
National Park Service
36 CFR Part 1
RIN 1024-AC06
Penalty Provisions
AGENCY: National Park Service, Interior.
ACTION: Final rule.
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SUMMARY: The National Park Service (NPS) is amending the existing
penalty provisions for convictions of violating NPS regulations to
conform with the Criminal Fine Improvements Act of 1987 (Pub. L. 100-
185; 18 U.S.C. 3571). This Act changed the maximum fine levels for all
petty offenses, including those of a regulatory nature, to $5,000 for
individuals and $10,000 for organizations.
EFFECTIVE DATE: This rule is effective January 30, 1996.
ADDRESSES: Comments should be addressed to Dennis Burnett, National
Park Service, Ranger Activities Division, P.O. Box 37127, Washington,
DC 20013-7127.
FOR FURTHER INFORMATION CONTACT:
Dennis Burnett, Ranger Activities Division, at the above address.
Phone: 202-208-4874.
SUPPLEMENTARY INFORMATION:
Background
The current NPS penalty provisions are found in 36 CFR 1.3. Under
these provisions, four levels of penalties are delineated under
different penalty authorities. First, in Sec. 1.3(a), a person
convicted of violating applicable NPS regulations in 36 CFR Chapter 1
``shall be punished by a fine not exceeding $500 or by imprisonment not
exceeding 6 months, or both'', as authorized by 16 U.S.C. 3. Second,
Sec. 1.3(b) applies to certain military parks, battlefield sites,
national monuments, or other memorials originally under the
jurisdiction of the Secretary of the Army. In these areas the fine and
penalty are currently set, pursuant to the Act of March 2, 1933 (47
Stat. 1420), at ``not more than $100, or by imprisonment for not more
than 3 months, or by both'' for persons who ``knowingly and willfully''
violate applicable regulations. Third, at Sec. 1.3(c), persons
convicted of violating applicable regulations in park areas established
by the Act of August 21, 1935 (79 Stat. 971) ``shall be punished by a
fine of not more than $500''. Last, at Sec. 1.3(d), a person convicted
of violating 36 CFR 2.23 relating to recreation fees, pursuant to Pub.
L. No. 92-347 (86 Stat. 459) ``shall be punished by a fine of not more
than $100''.
This rule will revise the penalty language at 36 CFR 1.3 (a), (b),
(c) and (d) to reflect the revised statutory fine provisions of the
Criminal Fine Improvements Act of 1987 (18 U.S.C. 3571).
Fines: On January 1, 1985, the Criminal Fine Enforcement Act of
1984 (Pub. L. No. 98-596) became effective, in which the definition of
``petty offense'' was changed to include an offense in which the
maximum fine level was $5,000 for an individual and $10,000 for an
organization. However, this Act did not change the actual fine levels
themselves for petty offenses. This was accomplished by the Criminal
Fine Improvements Act of 1987 (Pub. L. No. 100-185). This latter Act
specifically established the maximum fine levels for petty offenses to
be $5,000 for individuals and $10,000 for organizations (18 U.S.C.
3571). Petty offenses were also defined to mean any Class B or C
misdemeanor, or an infraction, as defined in 18 U.S.C. 3559.
Additionally, Chapter 227 of Title 18, which became effective on
November 1, 1987, states:
Except as otherwise specifically provided, a defendant who has
been found guilty of an offense described in any Federal statute,
other than an Act of Congress applicable exclusively in the District
of Columbia or the Uniform Code of Military Justice, shall be
sentenced in accordance with the provisions of this chapter. (18
U.S.C. 3551(a); emphasis added).
Therefore, this rule will reflect the change in law, making the fine
levels as stated in 18 U.S.C. 3571 apply to NPS regulations.
Applicability: Section 3 of the Act of August 25, 1916 (NPS Organic
Act), as amended by Sec. 5 of the Act of June 2, 1920 (41 Stat. 732),
provides the Secretary of the Interior with the authority to ``make and
publish such rules and regulations as he may deem necessary or proper
for the use and management of the parks, monuments, and reservations
under the jurisdiction of the National Park Service, and any violation
of any of the rules and regulations authorized by this section and
sections 1, 2, and 4 of this title shall be punished by a fine of not
more than $500 or imprisonment for not exceeding six months, or both,
and be adjudged to pay all cost of the proceedings.'' (16 U.S.C. 3).
The NPS is adopting this final rule pursuant to the ``agency
procedure'' exception of the Administrative Procedures Act (5 U.S.C.
553(b)(A)) from general notice and comment rulemaking. The NPS believes
that this exception from rulemaking procedures is warranted because it
is merely conforming the penalty language found at 36 CFR 1.3 (a), (b),
(c) and (d) to reflect the revised statutory fine provisions of the
Criminal Fine Improvements Act of 1987 (18 U.S.C. 3571). The NPS finds
that notice and comment are unnecessary and contrary to the public
interest for this final rule.
The NPS has also determined, in accordance with the Administrative
Procedures Act (5 U.S.C. 553(d)(3)), that the publishing of this final
rule 30 days prior to the rule becoming effective would be
counterproductive and unnecessary for the reasons discussed above. A
30-day delay would be contrary to the public interest and the interest
of the agency. Therefore, under the ``good cause'' exception of the
Administrative Procedure Act (5 U.S.C. 553(b)(3)), it has been
determined that this rulemaking is excepted from the 30-day delay in
the effective date and shall therefore become effective on the date
published in the Federal Register.
Public Participation
It is the policy of the Department of the Interior, whenever
practicable, to
[[Page 2918]]
afford the public an opportunity to participate in the rulemaking
process. Accordingly, interested persons may submit written comments
regarding this final rule to the address noted at the beginning of this
rulemaking.
Drafting Information
The primary authors of this regulation are Tony Sisto,
Superintendent, Fort Vancouver NHS; Dennis Burnett, Washington Office
of Ranger Activities, NPS; and Michael Tiernan, Division of
Conservation and Wildlife, Office of the Solicitor, Department of the
Interior, Washington, D.C.
Paperwork Reduction Act
This rulemaking does not contain collections of information
requiring approval by the Office of Management and Budget under 44
U.S.C. 3501, et seq.
Compliance With Other Laws
This rule was not subject to Office of Management and Budget review
under Executive Order 12866. The Department of the Interior determined
that this document will not have a significant economic effect on a
substantial number of small entities under the Regulatory Flexibility
Act (5 USC 601 et seq.). The economic effects of this rulemaking are
local in nature and negligible in scope.
The NPS has determined that this proposed rulemaking will not have
a significant effect on the quality of the human environment, health
and safety because it is not expected to:
(a) increase public use to the extent of compromising the nature
and character of the area or causing physical damage to it;
(b) Introduce incompatible uses which compromise the nature and
character of the area or causing physical damage to it;
(c) Conflict with adjacent ownerships or land uses; or
(d) Cause a nuisance to adjacent owners or occupants.
Based on this determination, this regulation is categorically
excluded from the procedural requirements of the National Environmental
Policy Act (NEPA) by Departmental guidelines in 516 DM 6 (49 FR 21438).
As such, neither an Environmental Assessment (EA) nor an Environmental
Impact Statement (EIS) has been prepared.
List of Subjects in 36 CFR Part 1
National parks, Penalties, Reporting and recordkeeping
requirements.
In consideration of the foregoing, 36 CFR Chapter I is amended as
follows:
PART 1--GENERAL PROVISIONS
1. The authority citation for part 1 continues to read as follows:
Authority: 16 U.S.C. 1, 3, 460 1-6a(e), 469(k); D.C. Code 8-137,
40-721 (1981).
2. Section 1.3 is revised to read as follows:
Sec. 1.3 Penalties
(a) A person convicted of violating a provision of the regulations
contained in Parts 1 through 7, 12 and 13 of this chapter, within a
park area not covered in paragraphs (b) or (c) of this section, shall
be punished by a fine as provided by law, or by imprisonment not
exceeding 6 months, or both, and shall be adjudged to pay all costs of
the proceedings.
(b) A person who knowingly and will- fully violates any provision
of the regulations contained in parts 1 through 5, 7 and 12 of this
chapter, within any national military park, battlefield site, national
monument, or miscellaneous memorial transferred to the jurisdiction of
the Secretary of the Interior from that of the Secretary of War by
Executive Order No. 6166, June 10, 1933, and enumerated in Executive
Order No. 6228, July 28, 1933, shall be punished by a fine as provided
by law, or by imprisonment for not more than 3 months, or by both.
Note: These park areas are enumerated in a note under 5 U.S.C.
901.
(c) A person convicted of violating any provision of the
regulations contained in parts 1 through 7 of this chapter, within a
park area established pursuant to the Act of August 21, 1935, 49 Stat.
666, shall be punished by a fine as provided by law and shall be
adjudged to pay all costs of the proceedings. 16 U.S.C. 462.
(d) Notwithstanding the provisions of paragraphs (a), (b) and (c)
of this section, a person convicted of violating Sec. 2.23 of this
chapter shall be punished by a fine as provided by law. 16 U.S.C. 460.
Dated: October 20, 1995.
George T. Frampton, Jr.,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 96-1748 Filed 1-29-96; 8:45 am]
BILLING CODE 4310-70-M
