81 FR 95432 - Civil Monetary Penalty Adjustments for Inflation
DEPARTMENT OF COMMERCE
Office of the Secretary Federal Register Volume 81, Issue 249 (December 28, 2016)
Office of the Secretary
Federal Register Volume 81, Issue 249 (December 28, 2016)
| Page Range | 95432-95435 | |
| FR Document | 2016-31292 |
[Federal Register Volume 81, Number 249 (Wednesday, December 28, 2016)] [Rules and Regulations] [Pages 95432-95435] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-31292] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE Office of the Secretary 15 CFR Part 6 [Docket No. 161220999-6999-01] RIN 0605-AA47 Civil Monetary Penalty Adjustments for Inflation AGENCY: Office of the Chief Financial Officer and Assistant Secretary for Administration, Department of Commerce. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: This final rule is being issued to adjust for inflation each civil monetary penalty (CMP) provided by law within the jurisdiction of the United States Department of Commerce (Department of Commerce). The Federal Civil Penalties Inflation Adjustment Act of 1990, as amended by the Debt Collection Improvement Act of 1996 and the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, requires the head of each agency to adjust for inflation its CMP levels in effect as of November 2, 2015, under a revised methodology that was effective for 2016 which provided for initial catch up adjustments for inflation in 2016, and under a revised methodology for each year thereafter. The initial catch up adjustments for inflation to CMPs to the Department of Commerce's CMPs were published in the Federal Register on June 7, 2016 and became effective July 7, 2016, and, as required, did not exceed 150 percent of the amount of the [[Page 95433]] CMP on the date of enactment of the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (November 2, 2015). The revised methodology for agencies for 2017 and each year thereafter provides for the improvement of the effectiveness of CMPs and to maintain their deterrent effect. Effective 2017, agencies' annual adjustments for inflation to CMPs shall take effect not later than January 15. The Department of Commerce's 2017 adjustments for inflation to CMPs apply only to CMPs with a dollar amount, and will not apply to CMPs written as functions of violations. The Department of Commerce's 2017 adjustments for inflation to CMPs apply only to those CMPs, including those whose associated violation predated such adjustment, which are assessed by the Department of Commerce after the effective date of the new CMP level. DATES: This rule is effective January 15, 2017. FOR FURTHER INFORMATION CONTACT: Stephen Kunze, Deputy Chief Financial Officer and Director for Financial Management, Office of Financial Management, at (202) 482-1207, Department of Commerce, 1401 Constitution Avenue NW., Room D200, Washington, DC 20230. The Department of Commerce's Civil Monetary Penalty Adjustments for Inflation are available for downloading from the Department of Commerce, Office of Financial Management's Web site at the following address: http://www.osec.doc.gov/ofm/OFM_Publications.html. SUPPLEMENTARY INFORMATION: Background The Federal Civil Penalties Inflation Adjustment Act of 1990 (Pub. L. 101-410; 28 U.S.C. 2461), as amended by the Debt Collection Improvement Act of 1996 (Pub. L. 104-134), provided for agencies' adjustments for inflation to CMPs to ensure that CMPs continue to maintain their deterrent value and that CMPs due to the Federal Government were properly accounted for and collected. On October 24, 1996, November 1, 2000, December 14, 2004, December 11, 2008, and December 7, 2012, the Department of Commerce published in the Federal Register a schedule of CMPs adjusted for inflation as required by law. A CMP is defined as any penalty, fine, or other sanction that: 1. Is for a specific monetary amount as provided by Federal law, or has a maximum amount provided for by Federal law; and, 2. Is assessed or enforced by an agency pursuant to Federal law; and, 3. Is assessed or enforced pursuant to an administrative proceeding or a civil action in the Federal courts. On November 2, 2015, the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (Section 701 of Pub. L. 114-74) further amended the Federal Civil Penalties Inflation Adjustment Act of 1990 to improve the effectiveness of CMPs and to maintain their deterrent effect. This amendment requires agencies to: (1) Adjust the CMP levels in effect as of November 2, 2015, with initial catch up adjustments for inflation through a final rulemaking that shall take effect no later than August 1, 2016; and (2) make subsequent annual adjustments for inflation to CMPs that shall take effect not later than January 15. The Department of Commerce's initial catch up adjustments for inflation to CMPs were published in the Federal Register on June 7, 2016, and the new CMP levels became effective July 7, 2016. The Department of Commerce's 2017 adjustments for inflation to CMPs apply only to CMPs with a dollar amount, and will not apply to CMPs written as functions of violations. These 2017 adjustments for inflation to CMPs apply only to those CMPs, including those whose associated violation predated such adjustment, which are assessed by the Department of Commerce after the effective date of the new CMP level. This regulation adjusts for inflation CMPs that are provided by law within the jurisdiction of the Department of Commerce. The actual CMP assessed for a particular violation is dependent upon a variety of factors. For example, the National Oceanic and Atmospheric Administration's (NOAA) Policy for the Assessment of Civil Administrative Penalties and Permit Sanctions (Penalty Policy), a compilation of NOAA internal guidelines that are used when assessing CMPs for violations for most of the statutes NOAA enforces, will be interpreted in a manner consistent with this regulation to maintain the deterrent effect of the CMPs. The CMP ranges in the Penalty Policy are intended to aid enforcement attorneys in determining the appropriate CMP to assess for a particular violation. The Penalty Policy is maintained and made available to the public on NOAA's Office of the General Counsel, Enforcement Section Web site at: http://www.gc.noaa.gov/enforce-office3.html. The Department of Commerce's 2017 adjustments for inflation to CMPs set forth in this regulation were determined pursuant to the revised methodology prescribed by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, which requires the maximum CMP, or the minimum and maximum CMP, as applicable, to be increased by the cost-of-living adjustment. The term ``cost-of-living adjustment'' is defined by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015. For the 2017 adjustments for inflation to CMPs, the cost-of-living adjustment is the percentage for each CMP by which the Consumer Price Index for the month of October 2016 exceeds the Consumer Price Index for the month of October 2015. Classification Pursuant to 5 U.S.C. 553(b)B, there is good cause to issue this rule without prior public notice or opportunity for public comment because it would be impracticable and unnecessary. The Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (Section 701(b)) requires agencies, effective 2017, to make annual adjustments for inflation to CMPs notwithstanding section 553 of title 5, United States Code. Additionally, the methodology used, effective 2017, for adjusting CMPs for inflation is given by statute, with no discretion provided to agencies regarding the substance of the adjustments for inflation to CMPs. The Department of Commerce is charged only with performing ministerial computations to determine the dollar amount of adjustments for inflation to CMPs. Accordingly, prior public notice and an opportunity for public comment are not required for this rule. Paperwork Reduction Act The provisions of the Paperwork Reduction Act of 1995, Public Law 104-13, 44 U.S.C. Chapter 35, and its implementing regulations, 5 CFR part 1320, do not apply to this rule because there are no new or revised recordkeeping or reporting requirements. Regulatory Analysis E.O. 12866, Regulatory Review This rule is not a significant regulatory action as that term is defined in Executive Order 12866. Regulatory Flexibility Act Because notice of proposed rulemaking and opportunity for comment are not required pursuant to 5 U.S.C. 553, or any other law, the analytical requirements of the Regulatory Flexibility act (5 U.S.C. 601, et seq.) are inapplicable. Therefore, a regulatory flexibility analysis is not required and has not been prepared. [[Page 95434]] List of Subjects in 15 CFR Part 6 Law enforcement, Civil monetary penalties. Dated: December 21, 2016. Stephen Kunze, Deputy Chief Financial Officer and Director for Financial Management, Department of Commerce. Authority and Issuance 0 For the reasons stated in the preamble, the Department of Commerce revises 15 CFR part 6 to read as follows: PART 6--CIVIL MONETARY PENALTY ADJUSTMENTS FOR INFLATION Sec. 6.1 Definitions. 6.2 Purpose and scope. 6.3 2017 Adjustments for inflation to civil monetary penalties. 6.4 Effective date of 2017 adjustments for inflation to civil monetary penalties. 6.5 Subsequent annual adjustments for inflation to civil monetary penalties. Authority: Pub. L. 101-410, 104 Stat. 890 (28 U.S.C. 2461 note); Pub. L. 104-134, 110 Stat. 1321 (31 U.S.C. 3701 note); Sec. 701 of Pub. L. 114-74, 129 Stat. 599 (28 U.S.C. 1 note; 28 U.S.C. 2461 note). Sec. 6.1 Definitions. (a) The Department of Commerce means the United States Department of Commerce. (b) Civil Monetary Penalty means any penalty, fine, or other sanction that: (1) Is for a specific monetary amount as provided by Federal law, or has a maximum amount provided for by Federal law; and (2) Is assessed or enforced by an agency pursuant to Federal law; and (3) Is assessed or enforced pursuant to an administrative proceeding or a civil action in the Federal courts. Sec. 6.2 Purpose and scope. The purpose of this part is to make adjustments for inflation to civil monetary penalties, as required by the Federal Civil Penalties Inflation Adjustment Act of 1990 (Pub. L. 101-410; 28 U.S.C. 2461), as amended by the Debt Collection Improvement Act of 1996 (Pub. L. 104- 134) and the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (Section 701 of Pub. L. 114-74), of each civil monetary penalty provided by law within the jurisdiction of the United States Department of Commerce (Department of Commerce). Sec. 6.3 Adjustments for inflation to civil monetary penalties. The civil monetary penalties provided by law within the jurisdiction of the Department of Commerce, as set forth in paragraphs (a) through (f) of this section, are hereby adjusted for inflation in 2017 in accordance with the Federal Civil Penalties Inflation Adjustment Act of 1990, as amended, from the amounts of such civil monetary penalties that were in effect as of July 7, 2016, to the amounts of such civil monetary penalties, as thus adjusted. The year stated in parenthesis represents the year that the civil monetary penalty was last set by law or adjusted by law (excluding adjustments for inflation). (a) United States Department of Commerce. (1) 31 U.S.C. 3802(a)(1), Program Fraud Civil Remedies Act of 1986 (1986), violation, maximum from $10,781 to $10,957. (2) 31 U.S.C. 3802(a)(2), Program Fraud Civil Remedies Act of 1986 (1986), violation, maximum from $10,781 to $10,957. (3) 31 U.S.C. 3729(a)(1)(G), False Claims Act (1986); violation, minimum from $10,781 to $10,957; maximum from $21,563 to $21,916. (b) Bureau of Industry and Security. (1) 15 U.S.C. 5408(b)(1), Fastener Quality Act (1990), violation, maximum from $44,539 to $45,268. (2) 22 U.S.C. 6761(a)(1)(A), Chemical Weapons Convention Implementation Act (1998), violation, maximum from $36,256 to $36,849. (3) 22 U.S.C. 6761(a)(l)(B), Chemical Weapons Convention Implementation Act (1998), violation, maximum from $7,251 to $7,370. (4) 50 U.S.C. 1705(b), International Emergency Economic Powers Act (2007), violation, maximum from $284,582 to $289,238. (5) 22 U.S.C. 8142(a), United States Additional Protocol Implementation Act (2006), violation, maximum from $29,464 to $29,946. (c) Census Bureau. (1) 13 U.S.C. 304, Collection of Foreign Trade Statistics (2002), each day's delinquency of a violation; total of not to exceed maximum violation, from $1,312 to $1,333; maximum per violation, from $13,118 to $13,333. (2) 13 U.S.C. 305(b), Collection of Foreign Trade Statistics (2002), violation, maximum from $13,118 to $13,333. (d) Economics and Statistics Administration. (1) 22 U.S.C. 3105(a), International Investment and Trade in Services Act (1990); failure to furnish information, minimum from $4,454 to $4,527; maximum from $44,539 to $45,268. (e) International Trade Administration. (1) 19 U.S.C. 81s, Foreign Trade Zone (1934), violation, maximum from $2,750 to $2,795. (2) 19 U.S.C. 1677f(f)(4), U.S.-Canada FTA Protective Order (1988), violation, maximum from $197,869 to $201,106. (f) National Oceanic and Atmospheric Administration. (1) 51 U.S.C. 60123(a), Land Remote Sensing Policy Act of 2010 (2010), violation, maximum from $10,874 to $11,052. (2) 51 U.S.C. 60148(c), Land Remote Sensing Policy Act of 2010 (2010), violation, maximum from $10,874 to $11,052. (3) 16 U.S.C. 773f(a), Northern Pacific Halibut Act of 1982 (2007), violation, maximum from $227,666 to $231,391. (4) 16 U.S.C. 783, Sponge Act (1914), violation, maximum from $1,625 to $1,652. (5) 16 U.S.C. 957(d), (e), and (f), Tuna Conventions Act of 1950 (1962): (i) Violation of 16 U.S.C. 957(a), maximum from $81,250 to $82,579. (ii) Subsequent violation of 16 U.S.C. 957(a), maximum from $175,000 to $177,863. (iii) Violation of 16 U.S.C. 957(b), maximum from $2,750 to $2,795. (iv) Subsequent violation of 16 U.S.C. 957(b), maximum from $16,250 to $16,516. (v) Violation of 16 U.S.C. 957(c), maximum from $350,000 to $355,726. (6) 16 U.S.C. 957(i), Tuna Conventions Act of 1950,\1\ violation, maximum from $178,156 to $181,071. --------------------------------------------------------------------------- \1\ This National Oceanic and Atmospheric Administration maximum civil monetary penalty, as prescribed by law, is the maximum civil penalty per 16 U.S.C. 1858(a), Magnuson-Stevens Fishery Conservation and Management Act civil monetary penalty (item (15)). --------------------------------------------------------------------------- (7) 16 U.S.C. 959, Tuna Conventions Act of 1950,\2\ violation, maximum from $178,156 to $181,071. --------------------------------------------------------------------------- \2\ See footnote 1. --------------------------------------------------------------------------- (8) 16 U.S.C. 971f(a), Atlantic Tunas Convention Act of 1975,\3\ violation, maximum from $178,156 to $181,071. --------------------------------------------------------------------------- \3\ See footnote 1. --------------------------------------------------------------------------- (9) 16 U.S.C. 973f(a), South Pacific Tuna Act of 1988 (1988), violation, maximum from $494,672 to $502,765. (10) 16 U.S.C. 1174(b), Fur Seal Act Amendments of 1983 (1983), violation, maximum from $23,548 to $23,933. (11) 16 U.S.C. 1375(a)(1), Marine Mammal Protection Act of 1972 (1972), violation, maximum from $27,500 to $27,950. (12) 16 U.S.C. 1385(e), Dolphin Protection Consumer Information Act,\4\ violation, maximum from $178,156 to $181,071. --------------------------------------------------------------------------- \4\ See footnote 1. --------------------------------------------------------------------------- (13) 16 U.S.C. 1437(d)(1), National Marine Sanctuaries Act (1992), violation, maximum from $167,728 to $170,472. (14) 16 U.S.C. 1540(a)(1), Endangered Species Act of 1973: [[Page 95435]] (i) Violation as specified (1988), maximum from $49,467 to $50,276. (ii) Violation as specified (1988), maximum from $23,744 to $24,132. (iii) Otherwise violation (1978), maximum from $1,625 to $1,652. (15) 16 U.S.C. 1858(a), Magnuson-Stevens Fishery Conservation and Management Act (1990), violation, maximum from $178,156 to $181,071. (16) 16 U.S.C. 2437(a), Antarctic Marine Living Resources Convention Act of 1984,\5\ violation, maximum from $178,156 to $181,071. --------------------------------------------------------------------------- \5\ See footnote 1. --------------------------------------------------------------------------- (17) 16 U.S.C. 2465(a), Antarctic Protection Act of 1990,\6\ violation, maximum from $178,156 to $181,071. --------------------------------------------------------------------------- \6\ See footnote 1. --------------------------------------------------------------------------- (18) 16 U.S.C. 3373(a), Lacey Act Amendments of 1981 (1981): (i) 16 U.S.C. 3373(a)(1), violation, maximum from $25,464 to $25,881. (ii) 16 U.S.C. 3373(a)(2), violation, maximum from $637 to $647. (19) 16 U.S.C. 3606(b)(1), Atlantic Salmon Convention Act of 1982,\7\ violation, maximum from $178,156 to $181,071. --------------------------------------------------------------------------- \7\ See footnote 1. --------------------------------------------------------------------------- (20) 16 U.S.C. 3637(b), Pacific Salmon Treaty Act of 1985,\8\ violation, maximum from $178,156 to $181,071. --------------------------------------------------------------------------- \8\ See footnote 1. --------------------------------------------------------------------------- (21) 16 U.S.C. 4016(b)(1)(B), Fish and Seafood Promotion Act of 1986 (1986); violation, minimum from $1,078 to $1,096; maximum from $10,781 to $10,957. (22) 16 U.S.C. 5010, North Pacific Anadromous Stocks Act of 1992,\9\ violation, maximum from $178,156 to $181,071. --------------------------------------------------------------------------- \9\ See footnote 1. --------------------------------------------------------------------------- (23) 16 U.S.C. 5103(b)(2), Atlantic Coastal Fisheries Cooperative Management Act,\10\ violation, maximum from $178,156 to $181,071. --------------------------------------------------------------------------- \10\ See footnote 1. --------------------------------------------------------------------------- (24) 16 U.S.C. 5154(c)(1), Atlantic Striped Bass Conservation Act,\11\ violation, maximum from $178,156 to $181,071. --------------------------------------------------------------------------- \11\ See footnote 1. --------------------------------------------------------------------------- (25) 16 U.S.C. 5507(a), High Seas Fishing Compliance Act of 1995 (1995), violation, maximum from $154,742 to $157,274. (26) 16 U.S.C. 5606(b), Northwest Atlantic Fisheries Convention Act of 1995,\12\ violation, maximum from $178,156 to $181,071. --------------------------------------------------------------------------- \12\ See footnote 1. --------------------------------------------------------------------------- (27) 16 U.S.C. 6905(c), Western and Central Pacific Fisheries Convention Implementation Act,\13\ violation, maximum from $178,156 to $181,071. --------------------------------------------------------------------------- \13\ See footnote 1. --------------------------------------------------------------------------- (28) 16 U.S.C. 7009(c) and (d), Pacific Whiting Act of 2006,\14\ violation, maximum from $178,156 to $181,071. --------------------------------------------------------------------------- \14\ See footnote 1. --------------------------------------------------------------------------- (29) 22 U.S.C. 1978(e), Fishermen's Protective Act of 1967 (1971): (i) Violation, maximum from $27,500 to $27,950. (ii) Subsequent violation, maximum from $81,250 to $82,579. (30) 30 U.S.C. 1462(a), Deep Seabed Hard Mineral Resources Act (1980), violation, maximum, from $70,117 to $71,264. (31) 42 U.S.C. 9152(c), Ocean Thermal Energy Conversion Act of 1980 (1980), violation, maximum from $70,117 to $71,264. (32) 16 U.S.C. 1827a, Billfish Conservation Act of 2012,\15\ violation, maximum from $178,156 to $181,071. --------------------------------------------------------------------------- \15\ See footnote 1. --------------------------------------------------------------------------- (33) 16 U.S.C. 7407(b)(1), Port State Measures Agreement Act of 2015,\16\ violation, maximum from $178,156 to $181,071. --------------------------------------------------------------------------- \16\ See footnote 1. --------------------------------------------------------------------------- (34) 16 U.S.C. 1826g(f), High Seas Driftnet Fishing Moratorium Protection Act,\17\ violation, maximum from $178,156 to $181,071. --------------------------------------------------------------------------- \17\ See footnote 1. --------------------------------------------------------------------------- Sec. 6.4 Effective date of adjustments for inflation to civil monetary penalties. The Department of Commerce's 2017 adjustments for inflation made by Sec. 6.3, of the civil monetary penalties there specified, are effective on January 15, 2017, and said civil monetary penalties, as thus adjusted by the adjustments for inflation made by Sec. 6.3, apply only to those civil monetary penalties, including those whose associated violation predated such adjustment, which are assessed by the Department of Commerce after the effective date of the new civil monetary penalty level, and before the effective date of any future adjustments for inflation to civil monetary penalties thereto made subsequent to January 15, 2017 as provided in Sec. 6.5. Sec. 6.5 Subsequent annual adjustments for inflation to civil monetary penalties. The Secretary of Commerce or his or her designee by regulation shall make subsequent adjustments for inflation to the Department of Commerce's civil monetary penalties annually, which shall take effect not later than January 15, notwithstanding section 553 of title 5, United States Code. [FR Doc. 2016-31292 Filed 12-27-16; 8:45 am] BILLING CODE 3510-DP-P
![95432 Federal Register / Vol. 81, No. 249 / Wednesday, December 28, 2016 / Rules and Regulations
respectively, of FAA Order 7400.11A number of small entities under the That airspace extending upward from 700-
dated August 3, 2016, and effective criteria of the Regulatory Flexibility Act. feet above the surface bounded by a line
September 15, 2016, which is beginning at lat. 38°03′00″ N., long.
Environmental Review 113°13′30″ W.; to lat. 38°05′30″ N., long.
incorporated by reference in 14 CFR
112°58′30″ W.; to lat. 37°58′30″ N., long.
part 71.1. The Class E airspace The FAA has determined that this
112°45′30″ W.; to lat. 37°45′00″ N., long.
designations listed in this document action qualifies for categorical exclusion 112°56′45″ W.; to lat. 37°47′30″ N., long.
will be published subsequently in the under the National Environmental 113°15′00″ W.; thence to point of beginning.
Order. Policy Act in accordance with FAA That airspace extending upward from 1,200-
Order 1050.1F, ‘‘Environmental feet above the surface bounded by a line
Availability and Summary of beginning at lat. 38°00′00″ N., long.
Impacts: Policies and Procedures,’’
Documents for Incorporation by 113°45′30″ W.; to lat. 38°19′00″ N., long.
paragraph 5–6.5a. This airspace action
Reference 112°51′30″ W.; to lat. 37°58′32″ N., long.
is not expected to cause any potentially
This document amends FAA Order 112°38′00″ W.; to lat. 37°37′00″ N., long.
significant environmental impacts, and
7400.11A dated August 3, 2016, and 112°53′30″ W.; to lat. 37°38′15″ N., long.
no extraordinary circumstances exists 113°22′18″ W.; thence to point of origin; and
effective September 15, 2016, which is that warrant preparation of an excluding that airspace within Federal
incorporated by reference in 14 CFR environmental assessment. airways; the Midford, UT, and St. George,
part 71.1. FAA Order 7400.11A is UT, Class E airspace areas.
publicly available as listed in the Lists of Subjects in 14 CFR Part 71
Issued in Seattle, Washington, on
ADDRESSES section of this document. Airspace, Incorporation by reference, December 14, 2016.
FAA Order 7400.11A lists Class A, B, C, Navigation (Air). Tracey Johnson,
D, and E airspace areas, air traffic
service routes, and reporting points. Adoption of the Amendment Manager, Operations Support Group, Western
Service Center.
The Rule In consideration of the foregoing, the
[FR Doc. 2016–30649 Filed 12–27–16; 8:45 am]
Federal Aviation Administration
This action amends the legal amends 14 CFR part 71 as follows: BILLING CODE 4910–13–P
descriptions for Class E surface area
airspace and Class E airspace upward PART 71—DESIGNATION OF CLASS A,
from 700 feet above the surface to B, C, D, AND E AIRSPACE AREAS; AIR DEPARTMENT OF COMMERCE
correct the airport name to Cedar City TRAFFIC SERVICE ROUTES; AND
Regional Airport, Cedar City, UT, REPORTING POINTS Office of the Secretary
(formerly Cedar City Municipal
Airport), and geographic coordinates ■ 1. The authority citation for Part 71 15 CFR Part 6
from (lat. 37°42′06″ N., long. 113°05′53″ continues to read as follows: [Docket No. 161220999–6999–01]
W.) to (lat. 37°42′03″ N., long. Authority: 49 U.S.C. 106(g); 40103, 40113,
113°05′56″ W.) to coincide with the 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– RIN 0605–AA47
FAA’s aeronautical database. This 1963 Comp., p. 389.
Civil Monetary Penalty Adjustments for
action also corrects the navigation aid
§ 71.1 [Amended] Inflation
noted in the Class E surface area
airspace legal description from the ■ 2. The incorporation by reference in AGENCY: Office of the Chief Financial
Cedar City VOR/DME to the Enoch 14 CFR 71.1 of FAA Order 7400.11A, Officer and Assistant Secretary for
VOR/DME. This is an administrative Airspace Designations and Reporting Administration, Department of
change and does not affect the Points, dated August 3, 2016, effective Commerce.
boundaries, altitudes, or operating September 15, 2016, is amended as ACTION: Final rule.
requirements of the airspace, therefore, follows:
notice and public procedure under 5 SUMMARY: This final rule is being issued
Paragraph 6002. Class E Airspace Designated
U.S.C. 553(b) is unnecessary. as Surface Areas.
to adjust for inflation each civil
monetary penalty (CMP) provided by
Regulatory Notices and Analyses * * * * * law within the jurisdiction of the United
The FAA has determined that this ANM UT E2 Cedar City, UT [Modified] States Department of Commerce
regulation only involves an established Cedar City Regional Airport, UT (Department of Commerce). The Federal
body of technical regulations for which (Lat. 37°42′03″ N., long. 113°05′56″ W.) Civil Penalties Inflation Adjustment Act
frequent and routine amendments are Enoch VOR/DME of 1990, as amended by the Debt
necessary to keep them operationally (Lat. 37°47′14″ N., long. 113°04′06″ W.) Collection Improvement Act of 1996
current, is non-controversial and Meggi LOM and the Federal Civil Penalties Inflation
unlikely to result in adverse or negative (Lat. 37°47′28″ N., long. 113°01′17″ W.) Adjustment Act Improvements Act of
comments. It, therefore: (1) Is not a Within a 4.2-mile radius of Cedar City 2015, requires the head of each agency
‘‘significant regulatory action’’ under Regional Airport, and within 1.8 miles each to adjust for inflation its CMP levels in
Executive Order 12866; (2) is not a side of the Enoch VOR/DME 195° radial effect as of November 2, 2015, under a
extending from the 4.2-mile radius to the
‘‘significant rule’’ under DOT VOR/DME, and within 1.8 miles each side of
revised methodology that was effective
Regulatory Policies and Procedures (44 Meggi LOM 214° bearing extending from the for 2016 which provided for initial
FR 11034; February 26, 1979); and (3) 4.2-mile radius to the LOM. catch up adjustments for inflation in
does not warrant preparation of a 2016, and under a revised methodology
Paragraph 6005. Class E Airspace Areas
sradovich on DSK3GMQ082PROD with RULES
regulatory evaluation as the anticipated Extending Upward from 700 feet or More
for each year thereafter. The initial catch
impact is so minimal. Since this is a Above the Surface of the Earth. up adjustments for inflation to CMPs to
routine matter that only affects air traffic the Department of Commerce’s CMPs
* * * * *
procedures and air navigation, it is were published in the Federal Register
certified that this rule, when ANM UT E5 Cedar City, UT [Modified] on June 7, 2016 and became effective
promulgated, does not have a significant Cedar City Regional Airport, UT July 7, 2016, and, as required, did not
economic impact on a substantial (Lat. 37°42′03″ N., long. 113°05′56″ W.) exceed 150 percent of the amount of the
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![Federal Register / Vol. 81, No. 249 / Wednesday, December 28, 2016 / Rules and Regulations 95435
(i) Violation as specified (1988), (28) 16 U.S.C. 7009(c) and (d), Pacific DEPARTMENT OF COMMERCE
maximum from $49,467 to $50,276. Whiting Act of 2006,14 violation,
(ii) Violation as specified (1988), maximum from $178,156 to $181,071. National Oceanic and Atmospheric
maximum from $23,744 to $24,132. (29) 22 U.S.C. 1978(e), Fishermen’s Administration
(iii) Otherwise violation (1978), Protective Act of 1967 (1971):
maximum from $1,625 to $1,652. (i) Violation, maximum from $27,500 15 CFR Part 902
(15) 16 U.S.C. 1858(a), Magnuson- to $27,950.
Stevens Fishery Conservation and 50 CFR Parts 300 and 679
(ii) Subsequent violation, maximum
Management Act (1990), violation, [Docket No. 151001910–6999–02]
from $81,250 to $82,579.
maximum from $178,156 to $181,071.
(16) 16 U.S.C. 2437(a), Antarctic (30) 30 U.S.C. 1462(a), Deep Seabed RIN 0648–BF42
Marine Living Resources Convention Hard Mineral Resources Act (1980),
Act of 1984,5 violation, maximum from violation, maximum, from $70,117 to Fisheries of the Exclusive Economic
$178,156 to $181,071. $71,264. Zone Off Alaska; Allow the Use of
(17) 16 U.S.C. 2465(a), Antarctic (31) 42 U.S.C. 9152(c), Ocean Thermal Longline Pot Gear in the Gulf of Alaska
Protection Act of 1990,6 violation, Energy Conversion Act of 1980 (1980), Sablefish Individual Fishing Quota
maximum from $178,156 to $181,071. violation, maximum from $70,117 to Fishery; Amendment 101
(18) 16 U.S.C. 3373(a), Lacey Act $71,264. AGENCY: National Marine Fisheries
Amendments of 1981 (1981): (32) 16 U.S.C. 1827a, Billfish Service (NMFS), National Oceanic and
(i) 16 U.S.C. 3373(a)(1), violation, Conservation Act of 2012,15 violation, Atmospheric Administration (NOAA),
maximum from $25,464 to $25,881. maximum from $178,156 to $181,071. Commerce.
(ii) 16 U.S.C. 3373(a)(2), violation, (33) 16 U.S.C. 7407(b)(1), Port State ACTION: Final rule.
maximum from $637 to $647. Measures Agreement Act of 2015,16
(19) 16 U.S.C. 3606(b)(1), Atlantic violation, maximum from $178,156 to SUMMARY: NMFS issues regulations to
Salmon Convention Act of 1982,7 $181,071. implement Amendment 101 to the
violation, maximum from $178,156 to (34) 16 U.S.C. 1826g(f), High Seas Fishery Management Plan for
$181,071. Driftnet Fishing Moratorium Protection Groundfish of the Gulf of Alaska (GOA
(20) 16 U.S.C. 3637(b), Pacific Salmon Act,17 violation, maximum from FMP) for the sablefish individual fishing
Treaty Act of 1985,8 violation, $178,156 to $181,071. quota (IFQ) fisheries in the Gulf of
maximum from $178,156 to $181,071. Alaska (GOA). This final rule authorizes
(21) 16 U.S.C. 4016(b)(1)(B), Fish and § 6.4 Effective date of adjustments for the use of longline pot gear in the GOA
Seafood Promotion Act of 1986 (1986); inflation to civil monetary penalties. sablefish IFQ fishery. In addition, this
violation, minimum from $1,078 to The Department of Commerce’s 2017 final rule establishes management
$1,096; maximum from $10,781 to adjustments for inflation made by § 6.3, measures to minimize potential
$10,957. of the civil monetary penalties there conflicts between hook-and-line and
(22) 16 U.S.C. 5010, North Pacific specified, are effective on January 15, longline pot gear used in the sablefish
Anadromous Stocks Act of 1992,9 2017, and said civil monetary penalties, IFQ fisheries in the GOA. This final rule
violation, maximum from $178,156 to as thus adjusted by the adjustments for also includes regulations developed
$181,071. inflation made by § 6.3, apply only to under the Northern Pacific Halibut Act
(23) 16 U.S.C. 5103(b)(2), Atlantic those civil monetary penalties, of 1982 (Halibut Act) to authorize
Coastal Fisheries Cooperative including those whose associated harvest of halibut IFQ caught
Management Act,10 violation, maximum violation predated such adjustment, incidentally in longline pot gear used in
from $178,156 to $181,071. which are assessed by the Department of the GOA sablefish IFQ fishery. This
(24) 16 U.S.C. 5154(c)(1), Atlantic Commerce after the effective date of the final rule is necessary to improve
Striped Bass Conservation Act,11 new civil monetary penalty level, and efficiency and provide economic
violation, maximum from $178,156 to before the effective date of any future benefits for the sablefish IFQ fleet and
$181,071. adjustments for inflation to civil minimize potential fishery interactions
(25) 16 U.S.C. 5507(a), High Seas monetary penalties thereto made with whales and seabirds. This action is
Fishing Compliance Act of 1995 (1995), subsequent to January 15, 2017 as intended to promote the goals and
violation, maximum from $154,742 to provided in § 6.5. objectives of the Magnuson-Stevens
$157,274. Fishery Conservation and Management
(26) 16 U.S.C. 5606(b), Northwest § 6.5 Subsequent annual adjustments for Act, the Halibut Act, the GOA FMP, and
Atlantic Fisheries Convention Act of inflation to civil monetary penalties. other applicable laws.
1995,12 violation, maximum from The Secretary of Commerce or his or DATES: Effective January 27, 2017.
$178,156 to $181,071. her designee by regulation shall make ADDRESSES: Electronic copies of
(27) 16 U.S.C. 6905(c), Western and subsequent adjustments for inflation to Amendment 101 and the Environmental
Central Pacific Fisheries Convention the Department of Commerce’s civil Assessment (EA)/Regulatory Impact
Implementation Act,13 violation, monetary penalties annually, which Review (RIR) prepared for this action
maximum from $178,156 to $181,071. shall take effect not later than January (collectively the ‘‘Analysis’’), and the
15, notwithstanding section 553 of title Initial Regulatory Flexibility Analysis
5 See footnote 1. 5, United States Code. (IRFA) prepared for this action are
sradovich on DSK3GMQ082PROD with RULES
6 See footnote 1.
7 See footnote 1.
[FR Doc. 2016–31292 Filed 12–27–16; 8:45 am] available from www.regulations.gov or
8 See footnote 1. BILLING CODE 3510–DP–P from the NMFS Alaska Region Web site
9 See footnote 1. at alaskafisheries.noaa.gov.
10 See footnote 1. 14 See footnote 1. Written comments regarding the
11 See footnote 1. 15 See footnote 1. burden-hour estimates or other aspects
12 See footnote 1. 16 See footnote 1. of the collection-of-information
13 See footnote 1. 17 See footnote 1. requirements contained in this rule may
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Document Created: 2016-12-28 02:17:15
Document Modified: 2016-12-28 02:17:15
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This rule is effective January 15, 2017. | |
| Contact | Stephen Kunze, Deputy Chief Financial Officer and Director for Financial Management, Office of Financial Management, at (202) 482-1207, Department of Commerce, 1401 Constitution Avenue NW., Room D200, Washington, DC 20230. The Department of Commerce's Civil Monetary Penalty Adjustments for Inflation are available for downloading from the Department of Commerce, Office of Financial Management's Web site at the following | |
| FR Citation | 81 FR 95432 | |
| RIN Number | 0605-AA47 | |
| CFR Associated | Law Enforcement and Civil Monetary Penalties |
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