82 FR 16124 - Filing of Claims Under the Guam World War II Loyalty Recognition Act
DEPARTMENT OF JUSTICE
Foreign Claims Settlement Commission Federal Register Volume 82, Issue 62 (April 3, 2017)
Foreign Claims Settlement Commission
Federal Register Volume 82, Issue 62 (April 3, 2017)
| Page Range | 16124-16127 | |
| FR Document | 2017-06461 |
[Federal Register Volume 82, Number 62 (Monday, April 3, 2017)] [Rules and Regulations] [Pages 16124-16127] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-06461] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF JUSTICE Foreign Claims Settlement Commission 45 CFR Parts 500 and 510 [Docket No. FCSC 101] Filing of Claims Under the Guam World War II Loyalty Recognition Act AGENCY: Foreign Claims Settlement Commission of the United States, Department of Justice. ACTION: Interim final rule with request for comments. ----------------------------------------------------------------------- SUMMARY: The Guam World War II Loyalty Recognition Act authorizes the Foreign Claims Settlement Commission of the United States to adjudicate claims and determine the eligibility of individuals for payment for harms suffered by residents of Guam resulting from the occupation of Guam by Imperial Japanese military forces during World War II. This rule establishes procedures for the filing and adjudication of claims brought under the Guam Loyalty Recognition Act. The rule also provides definitions for the statutory terms ``severe personal injury'' and ``personal injury,'' and amends regulations concerning the payment of attorney's fees. DATES: Effective date: This rule is effective April 3, 2017. Comment date: Written comments must be submitted on or before June 2, 2017. Comments received by mail will be considered timely if they are postmarked on or before that date. The electronic Federal Docket Management System (FDMS) will accept comments until midnight Eastern Time at the end of that day. ADDRESSES: Please address all comments regarding this rule that are submitted by U.S. mail to Jeremy R. LaFrancois, Chief Administrative Counsel, Foreign Claims Settlement Commission, 600 E Street NW., Room 6002, Washington, DC 20579. To ensure proper handling, please reference FCSC Docket No. 101 on your correspondence. Comments may also be submitted electronically through http://regulations.gov using the electronic comment form provided on that site. An electronic copy of this document is also available at the http://www.regulations.gov Web site. The Commission will accept attachments to electronic comments in Microsoft Word, WordPerfect, or Adobe PDF formats only. FOR FURTHER INFORMATION CONTACT: Brian M. Simkin, Chief Counsel, Foreign Claims Settlement Commission, 600 E Street NW., Room 6002, Washington, DC 20579, Tel. (202) 616-6975, FAX (202) 616-6993. SUPPLEMENTARY INFORMATION: Public Comments The Commission is publishing this interim final rule, effective April 3, 2017, in light of the statutory requirements of the Act. The Commission is providing a 60-day period for public comment. Posting of Public Comments Please note that all comments received are considered part of the public record and made available for public inspection online at http://www.regulations.gov. Information made available for public inspection includes personal identifying information (such as your name, address, etc.) voluntarily submitted by the commenter. If you wish to submit personal identifying information (such as your name, address, etc.) as part of your comment, but do not wish it to be posted online, you must include the phrase ``PERSONAL IDENTIFYING INFORMATION'' in the first paragraph of your comment. You must also locate all the personal identifying information that you do not want posted online in the first paragraph of your comment and identify what information you want the agency to redact. Personal identifying information identified and located as set forth above will be placed in the agency's public docket file, but not posted online. If you wish to submit confidential business information as part of your comment but do not wish it to be posted online, you must include the phrase ``CONFIDENTIAL BUSINESS INFORMATION'' in the first paragraph of your comment. You must also prominently identify confidential business information to be redacted within the comment. If a comment has so much confidential business information that it cannot be effectively redacted, the agency may choose not to post that comment (or to only partially post that comment) on http://www.regulations.gov. Confidential business information identified and located as set forth above will not be placed in the public docket file, nor will it be posted online. If you wish to inspect the agency's public docket file in person by appointment, please see the FOR FURTHER INFORMATION CONTACT paragraph. Background Pursuant to the Guam War Claims Review Commission Act, Public Law 107-333, 116 Stat. 2873 (2002), the Guam War Claims Review Commission (``GWCRC'') was established to evaluate the war claims compensation program conducted by the U.S. Navy on Guam during and after World War II, and to compare it with other compensation programs covering claims of U.S. nationals arising in other areas in the Pacific attacked by Japanese forces during the war. The GWCRC was required to submit a report of its findings and recommendations to the Secretary of the Interior and specified Congressional committees within nine months of its establishment. Public Law 107-333, section 5(6). In September 2003, the Secretary of the Interior requested the Foreign Claims Settlement Commission of the United States (Commission) to provide part-time technical assistance to GWCRC. Between 2003 and 2004, members of the Commission's staff were detailed to the GWCRC, where they planned and organized GWCRC meetings and conducted research on the Guam claims program and the other compensation programs with which it was to be compared. The GWCRC held hearings on Guam in December 2003, at which it received testimony by numerous residents of Guam who had survived the 32-month Japanese occupation of the island. The hearings on Guam were followed by a legal experts' conference convened in Washington, DC, in February 2004 to discuss the nature and extent of the United States Government's legal responsibility for the various types of claims that arose out of World War II, and the treatment the Government accorded the claims of the people of Guam as compared with that given to the claims of United States nationals elsewhere in the Pacific Ocean area. The GWCRC's Final Report, issued on June 9, 2004, determined that, in some respects, there was a lack of parity of war claims paid to the residents of Guam compared with awards made to other similarly affected U.S. citizens or nationals in territory occupied by the Imperial Japanese military forces during World War II. Based on this [[Page 16125]] determination, the GWCRC recommended that Congress enact legislation providing for additional compensation to compensate the people of Guam for death, personal injury, forced labor, forced march, and internment. As required by statute, the GWCRC terminated 30 days after submission of its report. Public Law 107-333, section 7. Following from the findings and recommendations of the GWCRC, on December 23, 2016, the President signed into law the Guam World War II Loyalty Recognition Act, Title XVII, Public Law 114-328, 130 Stat. 2000, 2641-2647 (2016) (the ``Guam Loyalty Recognition Act'' or ``Act''). The Act provides, inter alia, that ``[t]he United States recognizes that, as described by the Guam War Claims Review Commission, the residents of Guam, on account of their United States nationality, suffered unspeakable harm as a result of the occupation of Guam by Imperial Japanese military forces during World War II, by being subjected to death, rape, severe personal injury, personal injury, forced labor, forced march, or internment.'' The Act further recognizes that ``[t]he United States forever will be grateful to the residents of Guam for their steadfast loyalty to the United States, as demonstrated by the countless acts of courage they performed despite the threat of death or great bodily harm they faced at the hands of the Imperial Japanese military forces that occupied Guam during World War II.'' Public Law 114-328, section 1702. Pursuant to section 1705(a) of the Act, the Commission is authorized to adjudicate claims and determine the eligibility of individuals for payments under the Act, in recognition of harms suffered by residents of Guam as a result of the occupation of Guam by Imperial Japanese military forces during World War II. The Commission is issuing this Interim Final Rule to enable the Commission to carry out its functions under the Act. Specifically, this rule adds a new subchapter to the Commission's regulations--subchapter D, 45 CFR part 510--to establish procedures for the filing and adjudication of claims brought under the Act. Subchapter D also provides definitions for certain statutory terms (``severe personal injury'' and ``personal injury''), as required by the Act. Finally, miscellaneous amendments are made to the Commission's existing regulations at 45 CFR part 500 (Appearance and practice) to reflect an attorney's fees provision contained in the Act. With respect to the filing of claims, as required by the Act, the Commission intends to establish a claims filing deadline, and will publish notice of the deadline in the Federal Register and in newspaper, radio, and television media in Guam. This notice will be published on or before June 20, 2017 (i.e., not later than 180 days after the date of the enactment of the Act). Thereafter, claimants will have one year from the date on which the Commission publishes this notice to file claims under the Act. See Public Law 114-328, section 1705(b)(2). Regulatory Certifications Administrative Procedure Act The Commission's implementation of this rule as an interim final rule, with provision for post-promulgation public comment, is based on Sections 553(b)(3)(A), 553(b)(3)(B) and 553(d) of the Administrative Procedure Act (APA), 5 U.S.C. 553. Under Section 553(b)(3), an agency may issue a rule without notice of proposed rulemaking and the pre- promulgation opportunity for public comment where ``good cause'' exists or for ``interpretive rules, general statements of policy, or rules of agency organization, procedure, or practice.'' The changes made by this interim final rule fit within the exceptions to the requirement for pre-promulgation opportunity for notice and comment set out in Section 553. An agency may find good cause to exempt a rule from provisions of the APA if it determines that those procedures are impracticable, unnecessary, or contrary to the public interest. See 5 U.S.C. 553(b)(3)(B). The Commission has determined that it is unnecessary and contrary to the public interest to seek public comment prior to promulgating this interim final rule for several reasons. First, delaying the implementation of the rule would delay the determination and payment of appropriate compensation. Eligibility determinations and corresponding payments will not be issued until the rule is effective. Thus, eligible claimants would be harmed by any delay. Second, the interim rule will be subject to public comment before its final implementation. The Commission will consider any public comments made following publication of this interim final rule and make any appropriate adjustments or clarifications in the final rule. Finally, the deadline imposed by Congress to implement the regulations is strict and therefore the Commission has a limited period of time within which to promulgate the regulations. Furthermore, several of the changes made by this interim final rule fit within the exceptions to the requirement for pre-promulgation opportunity for notice and comment set out in Section 553 for ``interpretive rules, general statements of policy, or rules of agency organization, procedure, or practice.'' See 5 U.S.C. 553(b)(3)(A). First, miscellaneous amendments are made to the Commission's existing regulations at 45 CFR part 500 (Appearance and practice) to reflect the attorney's fees provisions contained in the Guam Loyalty Recognition Act. These changes reflect general statements of policy; they serve only to advise the public that the Commission may exercise its discretionary power in certain ways regarding attorney appearance and practice before the Commission. Second, the interim final rule adds a new subchapter to the Commission's regulations--subchapter D--to establish procedures for the filing and adjudication of claims under the Guam Loyalty Recognition Act. In this regard, the rule merely incorporates by reference the Commission's existing procedures for the filing and adjudication of claims under the International Claims Settlement Act of 1949 (subchapter C); thus, the new subchapter D is entirely procedural in nature. The APA also permits an agency to make a rule effective upon date of publication in the Federal Register where ``good cause'' exists or for ``interpretive rules and statements of policy.'' 5 U.S.C. 553(d). As stated, the Commission has determined that it would be unnecessary and contrary to the public interest to engage in full notice and comment rulemaking before putting these interim final regulations into effect, and that it is in the public interest to promulgate interim final regulations. For the same reasons, the Commission has determined that there is good cause to make these interim final regulations effective immediately upon publication in the Federal Register, in accordance with Section 553(d) of the APA (5 U.S.C. 553(d)). Therefore, waiver of the 30-day period prior to the rule's effective date is appropriate here. The Commission welcomes public comments on the changes being made by this interim final rule, and will carefully review any comments to ensure that any substantive concerns or issues regarding these changes are addressed in the final rule. Paperwork Reduction Act of 1995 This interim final rule implements the Guam World War II Loyalty Recognition Act, Title XVII, Public Law 114-328, which authorizes the Commission to adjudicate claims for certain harms suffered by Guam residents during [[Page 16126]] World War II. In order to be able to evaluate claims, the Commission will need to collect information from individuals (or personal representatives of deceased individuals) who suffered harm or who are survivors of a decedent who died as a result of the occupation of Guam by Japanese military forces. Accordingly, the Commission will submit an information collection request to the Office of Management and Budget (OMB) for review and clearance in accordance with the emergency review procedures of the Paperwork Reduction Act of 1995. The Commission will also publish a Notice in the Federal Register soliciting public comment on the information collection associated with this rulemaking. Regulatory Flexibility Act The Commission, in accordance with the Regulatory Flexibility Act, 5 U.S.C. 605(b), has reviewed this interim final rule and, by approving it, certifies that it will not have a significant economic impact on a substantial number of small entities. This rule sets forth procedures by which the Commission will adjudicate claims for payments under the Guam World War II Loyalty Recognition Act. In its adjudication of claims, the Commission will determine the eligibility of individuals, not entities. Moreover, under 5 U.S.C. 601(6), the term ``small entity'' does not include the Federal government. Because this rule is being adopted as an interim final rule, a Regulatory Flexibility analysis is not required. Executive Orders 12866 and 13563 This interim final rule, which enables and is necessary for the Commission to carry out its functions under the Guam World War II Loyalty Recognition Act, has been drafted and reviewed in accordance with Executive Order 12866, ``Regulatory Planning and Review'' section 1(b), Principles of Regulation, and in accordance with Executive Order 13563, ``Improving Regulation and Regulatory Review'' section 1(b), General Principles of Regulation. The Commission has determined that this rule is not a ``significant regulatory action'' under Executive Order 12866, section 3(f), Regulatory Planning and Review, and accordingly this rule has not been reviewed by the Office of Management and Budget. Further, both Executive Orders 12866 and 13563 direct agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distributive impacts, and equity). Executive Order 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. The Commission has assessed the costs and benefits of this regulation and believes that the regulatory approach selected maximizes net benefits. Executive Order 12988 This interim final rule meets the applicable standards set forth in sections 3(a) and 3(b)(2) of Executive Order 12988 Civil Justice Reform to eliminate drafting errors and ambiguity, minimize litigation, provide a clear legal standard for affected conduct, and promote simplification and burden reduction. Executive Order 13132 This interim final rule does not have federalism implications warranting the application of Executive Order 13132. The proposed rule does not have substantial direct effects on the States, on the relationship between the national government and the States, or the distribution of power and responsibilities among the various levels of government. Executive Order 13175 This interim final rule does not have tribal implications warranting the application of Executive Order 13175. It does not have substantial direct effects on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes. Unfunded Mandates Reform Act of 1995 This rule will not result in the expenditure by State, local and tribal governments, in the aggregate, or by the private sector, of $100,000,000 or more in any one year, and it will not significantly or uniquely affect small governments. Therefore, no actions were deemed necessary under the provisions of the Unfunded Mandates Reform Act of 1995. Small Business Regulatory Enforcement Fairness Act of 1996 This rule is not a major rule as defined by section 804 of the Small Business Regulatory Enforcement Fairness Act of 1996. This rule will not result in an annual effect on the economy of $100 million or more, a major increase in costs or prices, or significant adverse effects on competition, employment, investment, productivity, innovation, or on the ability of United States-based companies to compete with foreign-based companies in domestic and export markets. List of Subjects in 45 CFR Parts 500 and 510 Administrative practice and procedure, Foreign claims, War claims. Accordingly, for the reasons set forth in the preamble, the Foreign Claims Settlement Commission amends 10 CFR parts 500 and 510 as follows: PART 500--APPEARANCE AND PRACTICE 0 1. The authority citation for part 500 is revised to read as follows: Authority: Sec. 2, Pub. L. 896, 80th Cong., 62 Stat. 1240, as amended (50 U.S.C. App. 2001); sec. 3, Pub. L. 455, 81st Cong., 64 Stat. 12, as amended (22 U.S.C. 1622); 18 U.S.C. 207; Sec.1705(a)(2), Pub. L. 114-328, 114th Cong., 130 Stat. 2644. 0 2. Amend Sec. 500.3 by adding paragraph (c) to read as follows: Sec. 500.3 Fees. * * * * * (c) The amount of attorney's fees that may be charged in connection with claims falling within the purview of subchapter D of this chapter is governed by the provisions of section 1705(b)(6) of the National Defense Authorization Act for Fiscal Year 2017, Title XVII, Guam World War II Loyalty Recognition Act, Public Law 114-328. 0 3. In Sec. 500.4, revise paragraph (a)(3) to read as follows: Sec. 500.4 Suspension of attorneys. (a) * * * (3) To have violated sections 10 and 214 of the War Claims Act of 1948, as amended, section 4(f) of the International Claims Settlement Act of 1949, as amended, or section 1705(b)(6) of the National Defense Authorization Act for Fiscal Year 2017, Title XVII, Guam World War II Loyalty Recognition Act. * * * * * 0 4. Add subchapter D, consisting of part 510, to read as follows: SUBCHAPTER D--RECEIPT, ADMINISTRATION, AND PAYMENT OF CLAIMS UNDER THE GUAM WORLD WAR II LOYALTY RECOGNITION ACT PART 510--FILING OF CLAIMS AND PROCEDURES THEREFOR Sec. 510.1 Definitions. 510.2 Time for filing. 510.3 Applicability of administrative provisions concerning claims under the [[Page 16127]] International Claims Settlement Act of 1949. Authority: Sec.1705(a)(2), Pub. L. 114-328, 114th Cong., 130 Stat. 2644. Sec. 510.1 Definitions For purposes of this subchapter: Personal injury means a discernible injury (such as disfigurement, scarring, or burns) that is more serious than a superficial injury. Severe personal injury means loss of a limb, dismemberment, paralysis, or any injury of a similar type or that is comparable in severity. Sec. 510.2 Time for filing. Claims for payments under the Guam World War II Loyalty Recognition Act, Title XVII, Public Law 114-328 (the ``Act''), must be filed not later than one year after the date on which the Commission publishes the notice described in section 1705(b)(2)(B) of the Act. Sec. 510.3 Applicability of administrative provisions concerning claims under the International Claims Settlement Act of 1949. To the extent they are not inconsistent with the provisions of the Act, the following provisions of subchapter C of this chapter shall be applicable to claims under this subchapter: Sec. Sec. 509.2, 509.3, 509.4, 509.5, and 509.6. Brian M. Simkin, Chief Counsel. [FR Doc. 2017-06461 Filed 3-31-17; 8:45 am] BILLING CODE 4410-BA-P
![16124 Federal Register / Vol. 82, No. 62 / Monday, April 3, 2017 / Rules and Regulations
Dated: March 27, 2017. electronically through http:// www.regulations.gov. Confidential
Michael M. Grimm, regulations.gov using the electronic business information identified and
Assistant Administrator for Mitigation, comment form provided on that site. An located as set forth above will not be
Federal Insurance and Mitigation electronic copy of this document is also placed in the public docket file, nor will
Administration, Department of Homeland available at the http:// it be posted online. If you wish to
Security, Federal Emergency Management www.regulations.gov Web site. The inspect the agency’s public docket file
Agency. Commission will accept attachments to in person by appointment, please see
[FR Doc. 2017–06426 Filed 3–31–17; 8:45 am] electronic comments in Microsoft Word, the FOR FURTHER INFORMATION CONTACT
BILLING CODE 9110–12–P WordPerfect, or Adobe PDF formats paragraph.
only. Background
FOR FURTHER INFORMATION CONTACT: Pursuant to the Guam War Claims
DEPARTMENT OF JUSTICE Brian M. Simkin, Chief Counsel, Foreign Review Commission Act, Public Law
Claims Settlement Commission, 600 E 107–333, 116 Stat. 2873 (2002), the
Foreign Claims Settlement Street NW., Room 6002, Washington,
Commission Guam War Claims Review Commission
DC 20579, Tel. (202) 616–6975, FAX (‘‘GWCRC’’) was established to evaluate
(202) 616–6993. the war claims compensation program
45 CFR Parts 500 and 510
SUPPLEMENTARY INFORMATION: conducted by the U.S. Navy on Guam
[Docket No. FCSC 101] during and after World War II, and to
Public Comments
compare it with other compensation
Filing of Claims Under the Guam World The Commission is publishing this programs covering claims of U.S.
War II Loyalty Recognition Act interim final rule, effective April 3, nationals arising in other areas in the
2017, in light of the statutory Pacific attacked by Japanese forces
AGENCY: Foreign Claims Settlement
requirements of the Act. The during the war. The GWCRC was
Commission of the United States,
Commission is providing a 60-day required to submit a report of its
Department of Justice.
period for public comment. findings and recommendations to the
ACTION: Interim final rule with request
Posting of Public Comments Secretary of the Interior and specified
for comments.
Congressional committees within nine
Please note that all comments months of its establishment. Public Law
SUMMARY: The Guam World War II
received are considered part of the 107–333, section 5(6).
Loyalty Recognition Act authorizes the
public record and made available for In September 2003, the Secretary of
Foreign Claims Settlement Commission
public inspection online at http:// the Interior requested the Foreign
of the United States to adjudicate claims
www.regulations.gov. Information made Claims Settlement Commission of the
and determine the eligibility of
available for public inspection includes United States (Commission) to provide
individuals for payment for harms
personal identifying information (such part-time technical assistance to
suffered by residents of Guam resulting
as your name, address, etc.) voluntarily GWCRC. Between 2003 and 2004,
from the occupation of Guam by
submitted by the commenter. members of the Commission’s staff were
Imperial Japanese military forces during If you wish to submit personal
World War II. This rule establishes detailed to the GWCRC, where they
identifying information (such as your planned and organized GWCRC
procedures for the filing and name, address, etc.) as part of your
adjudication of claims brought under meetings and conducted research on the
comment, but do not wish it to be Guam claims program and the other
the Guam Loyalty Recognition Act. The posted online, you must include the
rule also provides definitions for the compensation programs with which it
phrase ‘‘PERSONAL IDENTIFYING was to be compared. The GWCRC held
statutory terms ‘‘severe personal injury’’ INFORMATION’’ in the first paragraph hearings on Guam in December 2003, at
and ‘‘personal injury,’’ and amends of your comment. You must also locate which it received testimony by
regulations concerning the payment of all the personal identifying information numerous residents of Guam who had
attorney’s fees. that you do not want posted online in survived the 32-month Japanese
DATES: the first paragraph of your comment and occupation of the island. The hearings
Effective date: This rule is effective identify what information you want the on Guam were followed by a legal
April 3, 2017. agency to redact. Personal identifying experts’ conference convened in
Comment date: Written comments information identified and located as set Washington, DC, in February 2004 to
must be submitted on or before June 2, forth above will be placed in the discuss the nature and extent of the
2017. Comments received by mail will agency’s public docket file, but not United States Government’s legal
be considered timely if they are posted online. responsibility for the various types of
postmarked on or before that date. The If you wish to submit confidential claims that arose out of World War II,
electronic Federal Docket Management business information as part of your and the treatment the Government
System (FDMS) will accept comments comment but do not wish it to be posted accorded the claims of the people of
until midnight Eastern Time at the end online, you must include the phrase Guam as compared with that given to
of that day. ‘‘CONFIDENTIAL BUSINESS the claims of United States nationals
ADDRESSES: Please address all INFORMATION’’ in the first paragraph elsewhere in the Pacific Ocean area.
comments regarding this rule that are of your comment. You must also The GWCRC’s Final Report, issued on
submitted by U.S. mail to Jeremy R. prominently identify confidential June 9, 2004, determined that, in some
mstockstill on DSK3G9T082PROD with RULES
LaFrancois, Chief Administrative business information to be redacted respects, there was a lack of parity of
Counsel, Foreign Claims Settlement within the comment. If a comment has war claims paid to the residents of
Commission, 600 E Street NW., Room so much confidential business Guam compared with awards made to
6002, Washington, DC 20579. To ensure information that it cannot be effectively other similarly affected U.S. citizens or
proper handling, please reference FCSC redacted, the agency may choose not to nationals in territory occupied by the
Docket No. 101 on your correspondence. post that comment (or to only partially Imperial Japanese military forces during
Comments may also be submitted post that comment) on http:// World War II. Based on this
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determination, the GWCRC intends to establish a claims filing and comment set out in Section 553 for
recommended that Congress enact deadline, and will publish notice of the ‘‘interpretive rules, general statements
legislation providing for additional deadline in the Federal Register and in of policy, or rules of agency
compensation to compensate the people newspaper, radio, and television media organization, procedure, or practice.’’
of Guam for death, personal injury, in Guam. This notice will be published See 5 U.S.C. 553(b)(3)(A). First,
forced labor, forced march, and on or before June 20, 2017 (i.e., not later miscellaneous amendments are made to
internment. As required by statute, the than 180 days after the date of the the Commission’s existing regulations at
GWCRC terminated 30 days after enactment of the Act). Thereafter, 45 CFR part 500 (Appearance and
submission of its report. Public Law claimants will have one year from the practice) to reflect the attorney’s fees
107–333, section 7. date on which the Commission provisions contained in the Guam
Following from the findings and publishes this notice to file claims Loyalty Recognition Act. These changes
recommendations of the GWCRC, on under the Act. See Public Law 114–328, reflect general statements of policy; they
December 23, 2016, the President signed section 1705(b)(2). serve only to advise the public that the
into law the Guam World War II Loyalty Commission may exercise its
Recognition Act, Title XVII, Public Law Regulatory Certifications discretionary power in certain ways
114–328, 130 Stat. 2000, 2641–2647 Administrative Procedure Act regarding attorney appearance and
(2016) (the ‘‘Guam Loyalty Recognition practice before the Commission.
Act’’ or ‘‘Act’’). The Act provides, inter The Commission’s implementation of
Second, the interim final rule adds a
alia, that ‘‘[t]he United States recognizes this rule as an interim final rule, with
new subchapter to the Commission’s
that, as described by the Guam War provision for post-promulgation public
regulations—subchapter D—to establish
Claims Review Commission, the comment, is based on Sections
procedures for the filing and
residents of Guam, on account of their 553(b)(3)(A), 553(b)(3)(B) and 553(d) of
adjudication of claims under the Guam
United States nationality, suffered the Administrative Procedure Act Loyalty Recognition Act. In this regard,
unspeakable harm as a result of the (APA), 5 U.S.C. 553. Under Section the rule merely incorporates by
occupation of Guam by Imperial 553(b)(3), an agency may issue a rule reference the Commission’s existing
Japanese military forces during World without notice of proposed rulemaking procedures for the filing and
War II, by being subjected to death, and the pre-promulgation opportunity adjudication of claims under the
rape, severe personal injury, personal for public comment where ‘‘good cause’’ International Claims Settlement Act of
injury, forced labor, forced march, or exists or for ‘‘interpretive rules, general 1949 (subchapter C); thus, the new
internment.’’ The Act further recognizes statements of policy, or rules of agency subchapter D is entirely procedural in
that ‘‘[t]he United States forever will be organization, procedure, or practice.’’ nature.
grateful to the residents of Guam for The changes made by this interim The APA also permits an agency to
their steadfast loyalty to the United final rule fit within the exceptions to the make a rule effective upon date of
States, as demonstrated by the countless requirement for pre-promulgation publication in the Federal Register
acts of courage they performed despite opportunity for notice and comment set where ‘‘good cause’’ exists or for
the threat of death or great bodily harm out in Section 553. An agency may find ‘‘interpretive rules and statements of
they faced at the hands of the Imperial good cause to exempt a rule from policy.’’ 5 U.S.C. 553(d). As stated, the
Japanese military forces that occupied provisions of the APA if it determines Commission has determined that it
Guam during World War II.’’ Public Law that those procedures are impracticable, would be unnecessary and contrary to
114–328, section 1702. Pursuant to unnecessary, or contrary to the public the public interest to engage in full
section 1705(a) of the Act, the interest. See 5 U.S.C. 553(b)(3)(B). The notice and comment rulemaking before
Commission is authorized to adjudicate Commission has determined that it is putting these interim final regulations
claims and determine the eligibility of unnecessary and contrary to the public into effect, and that it is in the public
individuals for payments under the Act, interest to seek public comment prior to interest to promulgate interim final
in recognition of harms suffered by promulgating this interim final rule for regulations. For the same reasons, the
residents of Guam as a result of the several reasons. First, delaying the Commission has determined that there
occupation of Guam by Imperial implementation of the rule would delay is good cause to make these interim
Japanese military forces during World the determination and payment of final regulations effective immediately
War II. appropriate compensation. Eligibility upon publication in the Federal
The Commission is issuing this determinations and corresponding Register, in accordance with Section
Interim Final Rule to enable the payments will not be issued until the 553(d) of the APA (5 U.S.C. 553(d)).
Commission to carry out its functions rule is effective. Thus, eligible claimants Therefore, waiver of the 30-day period
under the Act. Specifically, this rule would be harmed by any delay. Second, prior to the rule’s effective date is
adds a new subchapter to the the interim rule will be subject to public appropriate here. The Commission
Commission’s regulations—subchapter comment before its final welcomes public comments on the
D, 45 CFR part 510—to establish implementation. The Commission will changes being made by this interim final
procedures for the filing and consider any public comments made rule, and will carefully review any
adjudication of claims brought under following publication of this interim comments to ensure that any
the Act. Subchapter D also provides final rule and make any appropriate substantive concerns or issues regarding
definitions for certain statutory terms adjustments or clarifications in the final these changes are addressed in the final
(‘‘severe personal injury’’ and ‘‘personal rule. Finally, the deadline imposed by rule.
injury’’), as required by the Act. Finally, Congress to implement the regulations
mstockstill on DSK3G9T082PROD with RULES
miscellaneous amendments are made to is strict and therefore the Commission Paperwork Reduction Act of 1995
the Commission’s existing regulations at has a limited period of time within This interim final rule implements the
45 CFR part 500 (Appearance and which to promulgate the regulations. Guam World War II Loyalty Recognition
practice) to reflect an attorney’s fees Furthermore, several of the changes Act, Title XVII, Public Law 114–328,
provision contained in the Act. made by this interim final rule fit within which authorizes the Commission to
With respect to the filing of claims, as the exceptions to the requirement for adjudicate claims for certain harms
required by the Act, the Commission pre-promulgation opportunity for notice suffered by Guam residents during
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![Federal Register / Vol. 82, No. 62 / Monday, April 3, 2017 / Rules and Regulations 16127
International Claims Settlement Act of DATES: Effective April 3, 2017. and aggravated maximum penalty that it
1949. will apply when assessing a civil
FOR FURTHER INFORMATION CONTACT:
Authority: Sec.1705(a)(2), Pub. L. 114–328, Alexander Minard, Wireline monetary penalty for a knowing
114th Cong., 130 Stat. 2644. Competition Bureau, (202) 418–7400. violation of the Federal hazardous
SUPPLEMENTARY INFORMATION: This
material transportation laws or a
§ 510.1 Definitions regulation, special permit, order, or
For purposes of this subchapter: summary contains corrections to a
Federal Register document, 82 FR approval issued under those laws. The
Personal injury means a discernible aggravated maximum penalty under the
injury (such as disfigurement, scarring, 14338 (March 20, 2017).
hazardous material transportation laws
or burns) that is more serious than a Corrections is available only for a violation that
superficial injury. results in death, serious illness, or
Severe personal injury means loss of In final rule FR Doc. 2017–04715,
published March 20, 2017 (82 FR severe injury to any person or
a limb, dismemberment, paralysis, or substantial destruction of property.
any injury of a similar type or that is 14338), make the following correction:
DATES: This final rule is effective April
comparable in severity. § 54.303 [Corrected] 3, 2017.
§ 510.2 Time for filing. ■ 1. On page 14339, in the first column, FOR FURTHER INFORMATION CONTACT:
Claims for payments under the Guam amendatory instruction 3 is corrected to Veronica Chittim, Trial Attorney, Office
World War II Loyalty Recognition Act, read ‘‘In § 54.303, revise paragraphs of Chief Counsel, FRA, 1200 New Jersey
Title XVII, Public Law 114–328 (the (a)(1), (b), (c)(2), (e), and (f)(1) to read as Avenue SE., Mail Stop 10, Washington,
‘‘Act’’), must be filed not later than one follows:’’ DC 20590 (telephone 202–493–0273),
year after the date on which the Federal Communications Commission. veronica.chittim@dot.gov.
Commission publishes the notice Marlene H. Dortch, SUPPLEMENTARY INFORMATION: On
described in section 1705(b)(2)(B) of the Secretary.
November 2, 2015, President Barack
Act. Obama signed the Federal Civil
[FR Doc. 2017–06485 Filed 3–31–17; 8:45 am]
Penalties Inflation Adjustment Act
§ 510.3 Applicability of administrative BILLING CODE 6712–01–P
Improvements Act of 2015 (the 2015
provisions concerning claims under the
International Claims Settlement Act of 1949.
Inflation Act). Public Law 114–74, sec.
701. This amended the Federal Civil
To the extent they are not inconsistent DEPARTMENT OF TRANSPORTATION Penalties Inflation Adjustment Act of
with the provisions of the Act, the 1990 (Inflation Act) that required each
following provisions of subchapter C of Federal Railroad Administration agency to (1) adjust by regulation each
this chapter shall be applicable to maximum civil monetary penalty
claims under this subchapter: §§ 509.2, 49 CFR Parts 209, 213, 214, 215, 216, (CMP), or range of minimum and
509.3, 509.4, 509.5, and 509.6. 217, 218, 219, 220, 221, 222, 223, 224, maximum CMPs, within that agency’s
225, 227, 228, 229, 230, 231, 232, 233, jurisdiction by October 23, 1996, and (2)
Brian M. Simkin,
234, 235, 236, 237, 238, 239, 240, 241, adjust those penalty amounts once every
Chief Counsel. 242, 243, 244, 270, and 272
[FR Doc. 2017–06461 Filed 3–31–17; 8:45 am] four years thereafter, to reflect inflation.
BILLING CODE 4410–BA–P
[Docket No. FRA–2016–0021; Notice No. 2] See Public Law 101–410, 104 Stat. 890,
28 U.S.C. 2461, note, as amended by
RIN 2130–AC65
sec. 31001(s)(1) of the Debt Collection
Implementation of the Federal Civil Improvement Act of 1996, Public Law
FEDERAL COMMUNICATIONS
Penalties Inflation Adjustment Act 104–134, April 26, 1996, 110 Stat. 1321–
COMMISSION
Improvements Act for a Violation of a 373. Under the 2015 Inflation Act,
47 CFR Part 54 Federal Railroad Safety Law, Federal agencies must make annual inflation
Railroad Administration Safety adjustments, starting January 15, 2017,
[WC Docket Nos. 10–90, 14–58; CC Docket based on Office of Management and
No. 01–92; FCC 16–33] Regulation or Order, or the Hazardous
Material Transportation Laws or Budget (OMB) guidance.
Regulations, Orders, Special Permits, In the 2015 Inflation Act, Congress
Connect America Fund, ETC Annual
and Approvals Issued Under Those recognized the important role CMPs
Reports and Certifications, Developing
Laws play in deterring violations of Federal
a Unified Intercarrier Compensation
laws, regulations, and orders and
Regime
AGENCY: Federal Railroad determined that inflation has
AGENCY: Federal Communications Administration (FRA), Department of diminished the impact of these
Commission. Transportation (DOT). penalties. In the Inflation Act, Congress
ACTION: Final rule; correction. ACTION: Final rule. countered the effect that inflation has
had on the CMPs by having the agencies
SUMMARY: This document corrects errors SUMMARY: To comply with the Federal charged with enforcement responsibility
in a Federal Register document that Civil Penalties Inflation Adjustment Act administratively adjust the CMPs.
corrected errors to an original Federal of 1990, as amended by the Federal FRA is authorized as the delegate of
Register document that adopted Civil Penalties Inflation Adjustment Act the Secretary of Transportation
significant reforms to place the Improvements Act of 2015, FRA is (Secretary) to enforce the Federal
mstockstill on DSK3G9T082PROD with RULES
universal service program on solid adjusting the minimum, maximum, and railroad safety statutes, regulations, and
footing for the next decade to ‘‘preserve aggravated maximum penalties it will orders, including the civil penalty
and advance’’ voice and broadband apply when assessing a civil penalty for provisions codified primarily at 49
service in areas served by rate-of-return a violation of a railroad safety statute, U.S.C. ch. 213. See 49 U.S.C. 103 and
carriers. The document was published regulation, or order under its authority. 49 CFR 1.89; 49 U.S.C. chs. 201–213.
in the Federal Register on March 20, FRA is also adjusting the minimum FRA currently has safety regulations in
2017. penalty, ordinary maximum penalty, 34 parts of the CFR that contain
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Document Created: 2017-04-01 09:36:11
Document Modified: 2017-04-01 09:36:11
| 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 | Interim final rule with request for comments. | |
| Dates | Effective date: This rule is effective April 3, 2017. | |
| Contact | Brian M. Simkin, Chief Counsel, Foreign Claims Settlement Commission, 600 E Street NW., Room 6002, Washington, DC 20579, Tel. (202) 616-6975, FAX (202) 616-6993. | |
| FR Citation | 82 FR 16124 | |
| CFR Citation | 45
CFR
500 45 CFR 510 | |
| CFR Associated | Administrative Practice and Procedure; Foreign Claims and War Claims |
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