81_FR_62533 81 FR 62358 - Maximum Civil Money Penalty Amounts; Technical Amendment

81 FR 62358 - Maximum Civil Money Penalty Amounts; Technical Amendment

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration

Federal Register Volume 81, Issue 175 (September 9, 2016)

Page Range62358-62358
FR Document2016-21705

The Food and Drug Administration (FDA or we) is amending its regulations to remove the maximum civil money penalties table associated with statutory provisions. This information will be included in the Department of Health and Human Services' (HHS) regulations. We are taking this action to comply with the Federal Civil Penalties Inflation Adjustment Act of 2015.

Federal Register, Volume 81 Issue 175 (Friday, September 9, 2016) 
[Federal Register Volume 81, Number 175 (Friday, September 9, 2016)]
[Rules and Regulations]
[Page 62358]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-21705]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

21 CFR Part 17

[Docket No. FDA-2016-N-1745]


Maximum Civil Money Penalty Amounts; Technical Amendment

AGENCY: Food and Drug Administration, HHS.

ACTION: Final rule; technical amendment.

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SUMMARY: The Food and Drug Administration (FDA or we) is amending its 
regulations to remove the maximum civil money penalties table 
associated with statutory provisions. This information will be included 
in the Department of Health and Human Services' (HHS) regulations. We 
are taking this action to comply with the Federal Civil Penalties 
Inflation Adjustment Act of 2015.

DATES: This rule is effective September 9, 2016.

FOR FURTHER INFORMATION CONTACT: Jarilyn Dupont, Office of Policy, Food 
and Drug Administration, 10903 New Hampshire Ave., Bldg. 32, Rm. 4248, 
Silver Spring, MD 20993-0002, 301-796-4830.

SUPPLEMENTARY INFORMATION: In the Federal Register of February 3, 2014 
(79 FR 6088), FDA issued a new regulation in 21 CFR 17.2 to adjust for 
inflation the maximum civil money penalty amounts for the various civil 
money penalty authorities within our jurisdiction and other matters.
    FDA is amending 21 CFR 17.2 to remove the maximum civil money 
penalties table associated with statutory provisions authorizing civil 
money penalties under the Federal Food, Drug, and Cosmetic Act (the 
FD&C Act) or the Public Health Service Act (PHS Act). The Federal Civil 
Penalties Inflation Adjustment Act of 2015 (Pub. L. 114-74, November 2, 
2015) requires each Agency to adjust each civil money penalty provided 
by law within the jurisdiction of that Agency in one regulation. In 
accordance with this requirement, HHS is issuing a regulation that, in 
a consolidated table, adjusts the maximum civil money penalties 
associated with statutory provisions authorizing such penalties for all 
HHS Agencies. Because this consolidated table of these maximum civil 
money penalties, including those authorized under the FD&C Act and the 
PHS Act, can be found at 45 CFR 102.3, we are including a cross-
reference to 45 CFR 102.3 in our regulations. We are taking this action 
to comply with the Federal Civil Penalties Inflation Adjustment Act of 
2015.
    Publication of this document constitutes final action under the 
Administrative Procedure Act (5 U.S.C. 553). FDA has determined that 
notice and public comments are unnecessary because the amendments to 
the regulations provide only technical changes to remove and update 
information and are nonsubstantive.

List of Subjects in 21 CFR Part 17

    Administrative practice and procedure, Penalties.

    Therefore, under the Federal Food, Drug, and Cosmetic Act and the 
Public Health Service Act, and under authority delegated to the 
Commissioner of Food and Drugs, 21 CFR part 17 is amended as follows:

PART 17--CIVIL MONEY PENALTIES HEARINGS

0
1. The authority citation for part 17 continues to read as follows:

    Authority: 21 U.S.C. 331, 333, 337, 351, 352, 355, 360, 360c, 
360f, 360i, 360j, 371; 42 U.S.C. 262, 263b, 300aa-28; 5 U.S.C. 554, 
555, 556, 557.

0
2. Revise Sec.  17.2 to read as follows:


Sec.  17.2  Maximum penalty amounts.

    The maximum civil money penalties associated with the statutory 
provisions authorizing civil money penalties under the Federal Food, 
Drug, and Cosmetic Act or the Public Health Service Act can be found at 
45 CFR part 102. The table of these maximum civil money penalties can 
be found at 45 CFR 102.3.

    Dated: July 26, 2016.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2016-21705 Filed 9-8-16; 8:45 am]
BILLING CODE 4164-01-P

62358 Federal Register / Vol. 81, No. 175 / Friday, September 9, 2016 / Rules and Regulations (a) * * * Dated: August 30, 2016. authorizing such penalties for all HHS (1) * * * Jeh Charles Johnson, Agencies. Because this consolidated (iv) * * * Secretary. table of these maximum civil money (A) Border patrol agents; [FR Doc. 2016–21526 Filed 9–8–16; 8:45 am] penalties, including those authorized (B) Air and marine agents; under the FD&C Act and the PHS Act, BILLING CODE 9111–14–P (C) Special agents; can be found at 45 CFR 102.3, we are (D) Deportation officers; (E) Detention enforcement officers or including a cross-reference to 45 CFR immigration enforcement agents; DEPARTMENT OF HEALTH AND 102.3 in our regulations. We are taking (F) CBP officers; HUMAN SERVICES this action to comply with the Federal (G) Supervisory and managerial Civil Penalties Inflation Adjustment Act personnel who are responsible for Food and Drug Administration of 2015. supervising the activities of those Publication of this document officers listed in this paragraph; and 21 CFR Part 17 constitutes final action under the (H) Immigration officers who need the [Docket No. FDA–2016–N–1745] Administrative Procedure Act (5 U.S.C. authority to use non-deadly force under 553). FDA has determined that notice section 287(a) of the Act in order to Maximum Civil Money Penalty and public comments are unnecessary effectively accomplish their individual Amounts; Technical Amendment because the amendments to the missions and who are designated, AGENCY: Food and Drug Administration, regulations provide only technical individually or as a class, by the HHS. changes to remove and update Commissioner of CBP or the Assistant Final rule; technical ACTION: information and are nonsubstantive. Secretary/Director of ICE. (2) * * * amendment. List of Subjects in 21 CFR Part 17 (iii) * * * SUMMARY: The Food and Drug (A) Border patrol agents; Administrative practice and Administration (FDA or we) is (B) Air and marine agents; procedure, Penalties. amending its regulations to remove the (C) Special agents (D) Deportation officers; maximum civil money penalties table Therefore, under the Federal Food, (E) Detention enforcement officers or associated with statutory provisions. Drug, and Cosmetic Act and the Public immigration enforcement agents; This information will be included in the Health Service Act, and under authority (F) CBP officers; Department of Health and Human delegated to the Commissioner of Food (G) Supervisory and managerial Services’ (HHS) regulations. We are and Drugs, 21 CFR part 17 is amended personnel who are responsible for taking this action to comply with the as follows: supervising the activities of those Federal Civil Penalties Inflation officers listed above; and Adjustment Act of 2015. PART 17—CIVIL MONEY PENALTIES (H) Immigration officers who need the DATES: This rule is effective September HEARINGS authority to use deadly force under 9, 2016. section 287(a) of the Act in order to FOR FURTHER INFORMATION CONTACT: ■ 1. The authority citation for part 17 effectively accomplish their individual Jarilyn Dupont, Office of Policy, Food continues to read as follows: missions and who are designated, and Drug Administration, 10903 New Authority: 21 U.S.C. 331, 333, 337, 351, individually or as a class, by the Hampshire Ave., Bldg. 32, Rm. 4248, 352, 355, 360, 360c, 360f, 360i, 360j, 371; 42 Commissioner of CBP or the Assistant Silver Spring, MD 20993–0002, 301– U.S.C. 262, 263b, 300aa–28; 5 U.S.C. 554, Secretary/Director of ICE. 796–4830. 555, 556, 557. * * * * * SUPPLEMENTARY INFORMATION: In the (c) Conduct of arrests—(1) Authority. Federal Register of February 3, 2014 (79 ■ 2. Revise § 17.2 to read as follows: Only designated immigration officers FR 6088), FDA issued a new regulation § 17.2 Maximum penalty amounts. are authorized to make an arrest. The in 21 CFR 17.2 to adjust for inflation the list of designated immigration officers maximum civil money penalty amounts The maximum civil money penalties may vary depending on the type of for the various civil money penalty associated with the statutory provisions arrest as listed in § 287.5(c)(1) through authorities within our jurisdiction and authorizing civil money penalties under (c)(5). other matters. the Federal Food, Drug, and Cosmetic * * * * * FDA is amending 21 CFR 17.2 to Act or the Public Health Service Act can (e) * * * remove the maximum civil money be found at 45 CFR part 102. The table (2) * * * penalties table associated with statutory of these maximum civil money penalties (i) Border patrol agents; provisions authorizing civil money can be found at 45 CFR 102.3. (ii) Air and marine agents; penalties under the Federal Food, Drug, (iii) CBP officers; and Cosmetic Act (the FD&C Act) or the Dated: July 26, 2016. (iv) Supervisory personnel who are Public Health Service Act (PHS Act). Leslie Kux, responsible for supervising the activities The Federal Civil Penalties Inflation Associate Commissioner for Policy. of those officers listed in this paragraph; Adjustment Act of 2015 (Pub. L. 114–74, [FR Doc. 2016–21705 Filed 9–8–16; 8:45 am] and November 2, 2015) requires each BILLING CODE 4164–01–P (v) Immigration officers who need the Agency to adjust each civil money authority to initiate a vehicular pursuit penalty provided by law within the ehiers on DSK5VPTVN1PROD with RULES in order to effectively accomplish their jurisdiction of that Agency in one individual mission and who are regulation. In accordance with this designated, individually or as a class, by requirement, HHS is issuing a regulation the Commissioner of CBP or the that, in a consolidated table, adjusts the Assistant Secretary/Director of ICE. maximum civil money penalties * * * * * associated with statutory provisions VerDate Sep<11>2014 15:26 Sep 08, 2016 Jkt 238001 PO 00000 Frm 00006 Fmt 4700 Sfmt 9990 E:\FR\FM\09SER1.SGM 09SER1


Document Created: 2018-02-09 13:15:08
Document Modified: 2018-02-09 13:15:08
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule; technical amendment.
DatesThis rule is effective September 9, 2016.
ContactJarilyn Dupont, Office of Policy, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 32, Rm. 4248, Silver Spring, MD 20993-0002, 301-796-4830.
FR Citation81 FR 62358 
CFR AssociatedAdministrative Practice and Procedure and Penalties
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