82 FR 10719 - Inflation Adjustment of Civil Monetary Penalties
FEDERAL MARITIME COMMISSION Federal Register Volume 82, Issue 30 (February 15, 2017)
Federal Register Volume 82, Issue 30 (February 15, 2017)
| Page Range | 10719-10720 | |
| FR Document | 2017-00271 |
[Federal Register Volume 82, Number 30 (Wednesday, February 15, 2017)] [Rules and Regulations] [Pages 10719-10720] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-00271] ======================================================================= ----------------------------------------------------------------------- FEDERAL MARITIME COMMISSION 46 CFR Part 506 [Docket No. 17-01] RIN 3072-4C67 Inflation Adjustment of Civil Monetary Penalties AGENCY: Federal Maritime Commission. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Commission is publishing its adjustments to inflation annually, pursuant to the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (2015 Act). The 2015 Act requires that agencies adjust and publish their civil penalties by January 15th each year. DATES: This rule is effective on February 15, 2017, and is applicable beginning January 15, 2017. FOR FURTHER INFORMATION CONTACT: Tyler Wood, General Counsel, Federal Maritime Commission, 800 North Capitol Street NW., Room 1018, Washington, DC 20573, (202) 523-5740. SUPPLEMENTARY INFORMATION: This rule adjusts the civil monetary penalties assessable by the Commission in accordance with the 2015 Act, which became effective on November 2, 2015. The 2015 Act further amended the Federal Civil Penalties Inflation Adjustment Act of 1990 (FCPIAA), Public Law 101-410, 104 Stat. 890 (codified as amended at 28 U.S.C. 2461 note), in order to improve the effectiveness of civil monetary penalties and to maintain their deterrent effect. The 2015 Act requires agencies to adjust CMPs under their jurisdiction by January 15, 2017, based on changes in the consumer price index (CPI-U) using data from October in the previous calendar year. On December 16, 2016, Office of Management and Budget published guidance stating that the CPI-U multiplier for October 2016 is 1.01636.\1\ In order to complete the adjustment for January 2017, agencies must multiply the most recent civil penalty amounts in 46 CFR part 506, i.e., those that include the catch-up adjustment required by the 2015 Act by 1.01636.\2\ For the Commission, this means applying the multiplier to the penalty amounts set forth in the Commission's June 30, 2016 interim final rule, which went into effect on August 1, 2016.\3\ --------------------------------------------------------------------------- \1\ Office of Management and Budget, M-17-11, Implementation of the 2017 annual adjustment pursuant to the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, at 1 (Dec. 16, 2016) (M-17-11). \2\ Id. at 2-3. \3\ 81 FR 42552. --------------------------------------------------------------------------- Rulemaking Analyses and Notices Notice and Effective Date Adjustments under the FCPIAA, as amended by the 2015 Act, are not subject to the procedural rulemaking requirements of the Administrative Procedure Act (APA) (5 U.S.C. 553), including the requirements for prior notice, an opportunity for comment, and a delay between the issuance of a final rule and its effective date.\4\ As noted above, the 2015 Act requires that the Commission adjust its CMPs no later than January 15 of each year. --------------------------------------------------------------------------- \4\ FCPIAA Sec. 4(b)(2); M-17-11 at 2. --------------------------------------------------------------------------- Congressional Review Act The rule is not a ``major rule'' as defined by the Congressional Review Act, codified at 5 U.S.C. 801 et seq. The rule will not result in: (1) An annual effect on the economy of $100,000,000 or more; (2) a major increase in costs or prices; or (3) significant adverse effects on competition, employment, investment, productivity, innovation, or the ability of United States-based companies to compete with foreign- based companies. 5 U.S.C. 804(2). Regulatory Flexibility Act The Regulatory Flexibility Act (codified as amended at 5 U.S.C. 601-612) provides that whenever an agency promulgates a final rule after being required to publish a notice of proposed rulemaking under the APA (5 U.S.C. 553), the agency must prepare and make available a final regulatory flexibility analysis (FRFA) describing the impact of the rule on small entities. 5 U.S.C. 604. As indicated above, this final rule is not subject to the APA's notice and comment requirements, and the Commission is not required to prepare an FRFA in conjunction with this final rule. Paperwork Reduction Act The Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3521) requires an agency to seek and receive approval from the Office of Management and Budget (OMB) before collecting information from the public. 44 U.S.C. 3507. The agency must submit collections of information in rules to OMB in conjunction with the publication of the notice of proposed rulemaking. 5 CFR 1320.11. This final rule does not contain any collections of information, as defined by 44 U.S.C. 3502(3) and 5 CFR 1320.3(c). Regulation Identifier Number The Commission assigns a regulation identifier number (RIN) to each regulatory action listed in the Unified Agenda of Federal Regulatory and Deregulatory Actions (Unified Agenda). The Regulatory Information Service Center publishes the Unified Agenda in April and October of each year. You may use the RIN contained in the heading at the beginning of this document to find this action in the Unified Agenda, available at http://www.reginfo.gov/public/do/eAgendaMain. List of Subjects in 46 CFR Part 506 Administrative practice and procedure, Penalties. For the reasons stated in the preamble, Part 506 of title 46 of the Code of Federal Regulations is amended as follows: [[Page 10720]] PART 506--CIVIL MONETARY PENALTY INFLATION ADJUSTMENT 0 1. The authority citation for part 506 continues to read as follows: Authority: 28 U.S.C. 2461. 0 2. Amend Sec. 506.4 by revising paragraph (d) to read as follows: Sec. 506.4 Cost of living adjustments of civil monetary penalties. * * * * * (d) Inflation adjustment. Maximum Civil Monetary Penalties within the jurisdiction of the Federal Maritime Commission are adjusted for inflation as follows: ---------------------------------------------------------------------------------------------------------------- Maximum penalty amount Maximum United States code citation Civil monetary penalty description prior to penalty as of January 15, January 15, 2017 2017 ---------------------------------------------------------------------------------------------------------------- 46 U.S.C. 42304............................ Adverse impact on U.S. carriers by 1,978,690 2,011,061 foreign shipping practices. 46 U.S.C. 41107(a)......................... Knowing and Willful violation/ 56,467 57,391 Shipping Act of 1984, or Commission regulation or order. 46 U.S.C. 41107(b)......................... Violation of Shipping Act of 1984, 11,293 11,478 Commission regulation or order, not knowing and willful. 46 U.S.C. 41108(b)......................... Operating in foreign commerce after 112,934 114,782 tariff suspension. 46 U.S.C. 42104............................ Failure to provide required 8,908 9,054 reports, etc./Merchant Marine Act of 1920. 46 U.S.C. 42106............................ Adverse shipping conditions/ 1,781,560 1,810,706 Merchant Marine Act of 1920. 46 U.S.C. 42108............................ Operating after tariff or service 89,078 90,535 contract suspension/Merchant Marine Act of 1920. 46 U.S.C. 44102............................ Failure to establish financial 22,500 22,868 responsibility for non-performance 750 762 of transportation. 46 U.S.C. 44103............................ Failure to establish financial 22,500 22,868 responsibility for death or injury. 750 762 31 U.S.C. 3802(a)(1)....................... Program Fraud Civil Remedies Act/ 10,781 10,957 makes false claim. 31 U.S.C. 3802(a)(2)....................... Program Fraud Civil Remedies Act/ 10,781 10,957 giving false statement. ---------------------------------------------------------------------------------------------------------------- By the Commission. Rachel E. Dickon, Assistant Secretary. [FR Doc. 2017-00271 Filed 2-14-17; 8:45 am] BILLING CODE P
![Federal Register / Vol. 82, No. 30 / Wednesday, February 15, 2017 / Rules and Regulations 10719
2017 from the Assistant to the President FOR FURTHER INFORMATION CONTACT: effect on the economy of $100,000,000
and Chief of Staff entitled ‘‘Regulatory Tyler Wood, General Counsel, Federal or more; (2) a major increase in costs or
Freeze Pending Review.’’ Maritime Commission, 800 North prices; or (3) significant adverse effects
DATES: The effective date of the final Capitol Street NW., Room 1018, on competition, employment,
rule amending 42 CFR parts 70 and 71 Washington, DC 20573, (202) 523–5740. investment, productivity, innovation, or
published January 19, 2017 (82 FR 6890) SUPPLEMENTARY INFORMATION: This rule the ability of United States-based
is delayed to March 21, 2017. adjusts the civil monetary penalties companies to compete with foreign-
FOR FURTHER INFORMATION CONTACT: assessable by the Commission in based companies. 5 U.S.C. 804(2).
Martin S. Cetron, M.D., Director, accordance with the 2015 Act, which
Regulatory Flexibility Act
Division of Global Migration and became effective on November 2, 2015.
Quarantine, Centers for Disease Control The 2015 Act further amended the The Regulatory Flexibility Act
and Prevention, 1600 Clifton Road NE., Federal Civil Penalties Inflation (codified as amended at 5 U.S.C. 601–
MS E–03, Atlanta, Georgia, 30329. Adjustment Act of 1990 (FCPIAA), 612) provides that whenever an agency
Phone: (404) 498–1600. Email: Public Law 101–410, 104 Stat. 890 promulgates a final rule after being
dgmqpolicyoffice@cdc.gov. (codified as amended at 28 U.S.C. 2461 required to publish a notice of proposed
SUPPLEMENTARY INFORMATION: On note), in order to improve the rulemaking under the APA (5 U.S.C.
January 19, 2017, HHS/CDC published a effectiveness of civil monetary penalties 553), the agency must prepare and make
final rule titled ‘‘Control of and to maintain their deterrent effect. available a final regulatory flexibility
Communicable Diseases’’ (82 FR 6890) The 2015 Act requires agencies to analysis (FRFA) describing the impact
with an effective date of February 21, adjust CMPs under their jurisdiction by of the rule on small entities. 5 U.S.C.
2017. With this document, HHS/CDC January 15, 2017, based on changes in 604. As indicated above, this final rule
announces a new effective date for this the consumer price index (CPI–U) using is not subject to the APA’s notice and
final rule of March 21, 2017. data from October in the previous comment requirements, and the
HHS/CDC bases this action on the calendar year. On December 16, 2016, Commission is not required to prepare
Presidential directive expressed in the Office of Management and Budget an FRFA in conjunction with this final
memorandum of January 20, 2017 from published guidance stating that the CPI– rule.
the Assistant to the President and Chief U multiplier for October 2016 is
of Staff entitled ‘‘Regulatory Freeze 1.01636.1 In order to complete the Paperwork Reduction Act
Pending Review.’’ This memorandum adjustment for January 2017, agencies
must multiply the most recent civil The Paperwork Reduction Act of 1995
directed the heads of Executive (44 U.S.C. 3501–3521) requires an
Departments and Agencies to penalty amounts in 46 CFR part 506,
i.e., those that include the catch-up agency to seek and receive approval
temporarily postpone for sixty days from the Office of Management and
from the date of the memorandum the adjustment required by the 2015 Act by
1.01636.2 For the Commission, this Budget (OMB) before collecting
effective dates of all regulations that had information from the public. 44 U.S.C.
been published in the Federal Register means applying the multiplier to the
penalty amounts set forth in the 3507. The agency must submit
but had not yet taken effect. collections of information in rules to
Commission’s June 30, 2016 interim
Dated: February 9, 2017. final rule, which went into effect on OMB in conjunction with the
Norris Cochran, August 1, 2016.3 publication of the notice of proposed
Acting Secretary, Department of Health and rulemaking. 5 CFR 1320.11. This final
Human Services. Rulemaking Analyses and Notices rule does not contain any collections of
[FR Doc. 2017–03042 Filed 2–14–17; 8:45 am] Notice and Effective Date information, as defined by 44 U.S.C.
BILLING CODE 4163–18–P 3502(3) and 5 CFR 1320.3(c).
Adjustments under the FCPIAA, as
amended by the 2015 Act, are not Regulation Identifier Number
subject to the procedural rulemaking
FEDERAL MARITIME COMMISSION requirements of the Administrative The Commission assigns a regulation
Procedure Act (APA) (5 U.S.C. 553), identifier number (RIN) to each
46 CFR Part 506 regulatory action listed in the Unified
including the requirements for prior
[Docket No. 17–01] notice, an opportunity for comment, and Agenda of Federal Regulatory and
a delay between the issuance of a final Deregulatory Actions (Unified Agenda).
RIN 3072–4C67
rule and its effective date.4 As noted The Regulatory Information Service
Inflation Adjustment of Civil Monetary above, the 2015 Act requires that the Center publishes the Unified Agenda in
Penalties Commission adjust its CMPs no later April and October of each year. You
than January 15 of each year. may use the RIN contained in the
AGENCY: Federal Maritime Commission. heading at the beginning of this
ACTION: Final rule. Congressional Review Act document to find this action in the
The rule is not a ‘‘major rule’’ as Unified Agenda, available at http://
SUMMARY: The Commission is defined by the Congressional Review www.reginfo.gov/public/do/
publishing its adjustments to inflation Act, codified at 5 U.S.C. 801 et seq. The eAgendaMain.
annually, pursuant to the Federal Civil rule will not result in: (1) An annual
Penalties Inflation Adjustment Act List of Subjects in 46 CFR Part 506
mstockstill on DSK3G9T082PROD with RULES
Improvements Act of 2015 (2015 Act). 1 Office of Management and Budget, M–17–11,
The 2015 Act requires that agencies Implementation of the 2017 annual adjustment
Administrative practice and
adjust and publish their civil penalties pursuant to the Federal Civil Penalties Inflation procedure, Penalties.
by January 15th each year. Adjustment Act Improvements Act of 2015, at 1
(Dec. 16, 2016) (M–17–11). For the reasons stated in the
DATES: This rule is effective on February 2 Id. at 2–3. preamble, Part 506 of title 46 of the
15, 2017, and is applicable beginning 3 81 FR 42552. Code of Federal Regulations is amended
January 15, 2017. 4 FCPIAA § 4(b)(2); M–17–11 at 2. as follows:
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![10720 Federal Register / Vol. 82, No. 30 / Wednesday, February 15, 2017 / Rules and Regulations
PART 506—CIVIL MONETARY ■ 2. Amend § 506.4 by revising (d) Inflation adjustment. Maximum
PENALTY INFLATION ADJUSTMENT paragraph (d) to read as follows: Civil Monetary Penalties within the
jurisdiction of the Federal Maritime
■ 1. The authority citation for part 506 § 506.4 Cost of living adjustments of civil
Commission are adjusted for inflation as
continues to read as follows: monetary penalties.
follows:
Authority: 28 U.S.C. 2461. * * * * *
Maximum Maximum
penalty penalty
United States code citation Civil monetary penalty description amount prior as of January
to January 15, 2017
15, 2017
46 U.S.C. 42304 .............................. Adverse impact on U.S. carriers by foreign shipping practices ................ 1,978,690 2,011,061
46 U.S.C. 41107(a) .......................... Knowing and Willful violation/Shipping Act of 1984, or Commission reg- 56,467 57,391
ulation or order.
46 U.S.C. 41107(b) .......................... Violation of Shipping Act of 1984, Commission regulation or order, not 11,293 11,478
knowing and willful.
46 U.S.C. 41108(b) .......................... Operating in foreign commerce after tariff suspension ............................. 112,934 114,782
46 U.S.C. 42104 .............................. Failure to provide required reports, etc./Merchant Marine Act of 1920 .... 8,908 9,054
46 U.S.C. 42106 .............................. Adverse shipping conditions/Merchant Marine Act of 1920 ..................... 1,781,560 1,810,706
46 U.S.C. 42108 .............................. Operating after tariff or service contract suspension/Merchant Marine 89,078 90,535
Act of 1920.
46 U.S.C. 44102 .............................. Failure to establish financial responsibility for non-performance of trans- 22,500 22,868
portation. 750 762
46 U.S.C. 44103 .............................. Failure to establish financial responsibility for death or injury .................. 22,500 22,868
750 762
31 U.S.C. 3802(a)(1) ....................... Program Fraud Civil Remedies Act/makes false claim ............................ 10,781 10,957
31 U.S.C. 3802(a)(2) ....................... Program Fraud Civil Remedies Act/giving false statement ...................... 10,781 10,957
By the Commission.
Rachel E. Dickon,
Assistant Secretary.
[FR Doc. 2017–00271 Filed 2–14–17; 8:45 am]
BILLING CODE P
mstockstill on DSK3G9T082PROD with RULES
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Document Created: 2017-02-15 00:55:12
Document Modified: 2017-02-15 00:55:12
| 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 on February 15, 2017, and is applicable beginning January 15, 2017. | |
| Contact | Tyler Wood, General Counsel, Federal Maritime Commission, 800 North Capitol Street NW., Room 1018, Washington, DC 20573, (202) 523-5740. | |
| FR Citation | 82 FR 10719 | |
| RIN Number | 3072-4C67 | |
| CFR Associated | Administrative Practice and Procedure and Penalties |
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