82 FR 4172 - Civil Penalties

DEPARTMENT OF TRANSPORTATION
Saint Lawrence Seaway Development Corporation

Federal Register Volume 82, Issue 9 (January 13, 2017)

Page Range		4172-4173
FR Document		2016-32050

This final rule updates the maximum civil penalty amounts for violations of statutes and regulations administered by SLSDC pursuant to the Federal Civil Penalties Inflation Adjustment Improvement Act of 2015. This final rule amends our regulations to reflect the new civil penalty amounts for violations of the Seaway Regulations and Rules under the authority of the Ports and Waterways Safety Act of 1972, as amended (PWSA).

Federal Register, Volume 82 Issue 9 (Friday, January 13, 2017)

[Federal Register Volume 82, Number 9 (Friday, January 13, 2017)]
[Rules and Regulations]
[Pages 4172-4173]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-32050]


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DEPARTMENT OF TRANSPORTATION

Saint Lawrence Seaway Development Corporation

33 CFR Part 401

RIN 2135-AA40


Civil Penalties

AGENCY: Saint Lawrence Seaway Development Corporation (SLSDC), 
Department of Transportation (DOT).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This final rule updates the maximum civil penalty amounts for 
violations of statutes and regulations administered by SLSDC pursuant 
to the Federal Civil Penalties Inflation Adjustment Improvement Act of 
2015. This final rule amends our regulations to reflect the new civil 
penalty amounts for violations of the Seaway Regulations and Rules 
under the authority of the Ports and Waterways Safety Act of 1972, as 
amended (PWSA).

DATES: This rule is effective on January 15, 2017.

FOR FURTHER INFORMATION CONTACT:  Carrie Lavigne, Chief Counsel, SLSDC, 
telephone (315) 764-3231, 180 Andrews Street, Massena, NY 13362.

SUPPLEMENTARY INFORMATION: 

Background

    On November 2, 2015, the Federal Civil Penalties Inflation 
Adjustment Improvement Act (the 2015 Act), Public Law 114-74, was 
signed into law. The purpose of the 2015 Act is to improve the 
effectiveness of civil monetary penalties (CMPs) and to maintain their 
deterrent effect. The 2015 Act required agencies to make an initial 
catch up adjustment to the CMPs they administer through an interim 
final rule and then to make subsequent annual adjustments for inflation 
that shall take effect not later than January 15. The initial catch up 
adjustments for inflation to the SLSDC's CMP was published in the 
Federal Register on June 28, 2016 and as required, did not exceed 150 
percent of the amount of the CMP on the date of enactment of the 
Federal Civil Penalties Inflation Adjustment Act of 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 in 
inflation to CMPs apply only to CMPs with a dollar amount.
    The SLSDC's 2017 adjustments for inflation to the CMP 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 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 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 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 SLSDC is charged only with performing ministerial 
computations to determine the dollar amount of adjustments for 
inflation to CMPs. Accordingly, prior public notice and opportunity for 
public comment are not required for this rule.

Regulatory Analysis

E.O. 12866, Regulatory Review

    SLSDC has considered the impact of this rulemaking action under 
Executive Order 12866, Executive Order 13563, and the Department of 
Transportation's regulatory policies and procedures. This rulemaking 
document was not reviewed under Executive Order 12866 or Executive 
Order 13563. This action is limited to the adoption of adjustments of 
civil penalties under statutes that the agency enforces, and has been 
determined to be not ``significant'' under the Department of 
Transportation's regulatory policies and procedures and the policies of 
the Office of Management and Budget. Because this rulemaking does not 
change the number of entities that are subject to civil penalties, the 
impacts are limited.
    We also do not expect the increase in the civil penalty amount in 
33 CFR 401.102 to be economically significant. Since January 1, 2010 to 
the present, the SLSDC assessed a total of approximately $27,000 in 
civil fines and penalties.

[[Page 4173]]

Thus, increasing the current civil penalty amount would not result in 
an annual effect on the economy of $100 million or more.

Regulatory Flexibility Act

    We have also considered the impacts of this notice under the 
Regulatory Flexibility Act. I certify that this rule will not have a 
significant economic impact on a substantial number of small entities. 
The following provides the factual basis for this certification under 5 
U.S.C. 605(b). The St. Lawrence Seaway Regulations and Rules primarily 
relate to the activities of commercial users of the Seaway, the vast 
majority of whom are foreign vessel operators. Therefore, any resulting 
costs will be borne mostly by foreign vessels.

Executive Order 13132 (Federalism)

    Executive Order 13132 requires SLSDC to develop an accountable 
process to ensure ``meaningful and timely input by State and local 
officials in the development of regulatory policies that have 
federalism implications.'' ``Policies that have federalism 
implications'' is defined in the Executive Order to include regulations 
that have ``substantial direct effects on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government.'' Under Executive Order 13132, the agency may not issue a 
regulation with Federalism implications, that imposes substantial 
direct compliance costs, and that is not required by statute, unless 
the Federal government provides the funds necessary to pay the direct 
compliance costs incurred by State and local governments, the agency 
consults with State and local governments, or the agency consults with 
State and local officials early in the process of developing the 
proposed regulation.
    This rule will not have substantial direct effects on the States, 
on the relationship between the national government and the States, or 
on the distribution of power and responsibilities among the various 
levels of government, as specified in Executive Order 13132.
    The reason is that this rule will generally apply to commercial 
users of the Seaway, the vast majority of whom are foreign vessel 
operators. Therefore, any resulting costs will be borne mostly by 
foreign vessels. Thus, the requirements of Section 6 of the Executive 
Order do not apply.

Unfunded Mandates Reform Act of 1995

    The Unfunded Mandates Reform Act of 1995, Public Law 104-4, 
requires agencies to prepare a written assessment of the cost, benefits 
and other effects of proposed or final rules that include a Federal 
mandate likely to result in the expenditure by State, local, or tribal 
governments, in the aggregate, or by the private sector, of more than 
$100 million annually. Because this rule will not have a $100 million 
effect, no Unfunded Mandates assessment will be prepared.

Executive Order 12778 (Civil Justice Reform)

    This rule does not have a retroactive or preemptive effect. 
Judicial review of a rule based on this proposal may be obtained 
pursuant to 5 U.S.C. 702. That section does not require that a petition 
for reconsideration be filed prior to seeking judicial review.

Paperwork Reduction Act

    In accordance with the Paperwork Reduction Act of 1980, we state 
that there are no requirements for information collection associated 
with this rulemaking action.

Privacy Act

    Please note that anyone is able to search the electronic form of 
all comments received into any of our dockets by the name of the 
individual submitting the comment (or signing the comment, if submitted 
on behalf of an association, business, labor union, etc.). You may 
review DOT's complete Privacy Act Statement in the Federal Register 
published on April 11, 2000 (Volume 65, Number 70; Pages 19477-78), or 
you may visit http://dms.dot.gov.

List of Subjects in 33 CFR Part 401

    Hazardous materials transportation, Navigation (water), Penalties, 
Radio, Reporting and recordkeeping requirements, Vessels, Waterways.

    Accordingly, the Saint Lawrence Seaway Development Corporation is 
amending 33 CFR part 401 as follows:

PART 401--SEAWAY REGULATIONS AND RULES

Subpart A--Regulations

0
1. The authority citation for subpart A of part 401 is amended to read 
as follows:

    Authority:  33 U.S.C. 981-990, 1231 and 1232, 49 CFR 1.52, 
unless otherwise noted.


0
2. In Sec.  401.102, paragraph (a) is revised to read as follows:


Sec.  401.101  Criminal penalty.

    (a) A person, as described in Sec.  401.101(b) who violates a 
regulation is liable to a civil penalty of not more than $90,063.
* * * * *

    Issued on December 30, 2016.
 Carrie Lavigne,
 Chief Counsel.
[FR Doc. 2016-32050 Filed 1-12-17; 8:45 am]
 BILLING CODE 4910-61-P

4172 Federal Register / Vol. 82, No. 9 / Friday, January 13, 2017 / Rules and Regulations

based paint management requirements DEPARTMENT OF TRANSPORTATION the revised methodology prescribed by
under this part throughout the 12 the Federal Civil Penalties Inflation
months preceding the date the owner Saint Lawrence Seaway Development Adjustment Act Improvements Act of
received the environmental Corporation 2015, which requires the maximum
investigation report pursuant to CMP to be increased by the cost-of-
paragraph (a) of this section; and, 33 CFR Part 401 living adjustment. The term ‘‘cost-of-
RIN 2135–AA40 living adjustment’’ is defined by the
(iii) In either case, the owner provided
Federal Civil Penalties Inflation
the HUD field office, within 10 business Adjustment Act Improvements Act of
days after receiving the notification of Civil Penalties
2015. For the 2017 adjustments for
the elevated blood lead level, AGENCY: Saint Lawrence Seaway inflation to CMPs, the percentage for
documentation that it has conducted the Development Corporation (SLSDC), each CMP by which the Consumer Price
activities described in this paragraph Department of Transportation (DOT). Index for the month of October 2016
(f)(3). ACTION: Final rule. exceeds the Consumer Price Index for
(g) Data collection and record keeping the month of October 2015.
responsibilities. At least quarterly, the SUMMARY: This final rule updates the
maximum civil penalty amounts for Classification
designated party shall attempt to obtain
violations of statutes and regulations Pursuant to 5 U.S.C. 553(b)B, there is
from the public health department(s)
administered by SLSDC pursuant to the good cause to issue this rule without
with area(s) of jurisdiction similar to
Federal Civil Penalties Inflation prior public notice or opportunity for
that of the designated party the names Adjustment Improvement Act of 2015. public comment because it would be
and/or addresses of children of less than This final rule amends our regulations impracticable and unnecessary. The
6 years of age with an identified to reflect the new civil penalty amounts Federal Civil Penalties Inflation
elevated blood lead level. At least for violations of the Seaway Regulations Adjustment Act of 2015 (Section 701(b))
quarterly, the designated party shall also and Rules under the authority of the requires agencies effective 2017, to
report an updated list of the addresses Ports and Waterways Safety Act of 1972, make annual adjustments for inflation to
of units receiving assistance under a as amended (PWSA). CMPs notwithstanding section 553 of
tenant-based rental assistance program DATES: This rule is effective on January Title 5 United States Code.
to the same public health department(s), 15, 2017. Additionally, the methodology used,
except that the report(s) to the public effective 2017, for adjusting CMPs for
FOR FURTHER INFORMATION CONTACT:
health department(s) is not required if Carrie Lavigne, Chief Counsel, SLSDC, inflation is given by statute, with no
the health department states that it does telephone (315) 764–3231, 180 Andrews discretion provided to agencies
not wish to receive such report. If it Street, Massena, NY 13362. regarding the substance of the
obtains names and addresses of elevated adjustments for inflation to CMPs. The
SUPPLEMENTARY INFORMATION:
blood lead level children from the SLSDC is charged only with performing
public health department(s), the Background ministerial computations to determine
designated party shall match On November 2, 2015, the Federal the dollar amount of adjustments for
information on cases of elevated blood Civil Penalties Inflation Adjustment inflation to CMPs. Accordingly, prior
lead levels with the names and Improvement Act (the 2015 Act), Public public notice and opportunity for public
addresses of families receiving tenant- Law 114–74, was signed into law. The comment are not required for this rule.
based rental assistance, unless the purpose of the 2015 Act is to improve Regulatory Analysis
public health department performs such the effectiveness of civil monetary
a matching procedure. penalties (CMPs) and to maintain their E.O. 12866, Regulatory Review
If a match occurs, the designated deterrent effect. The 2015 Act required SLSDC has considered the impact of
party shall carry out the requirements of agencies to make an initial catch up this rulemaking action under Executive
this section. adjustment to the CMPs they administer Order 12866, Executive Order 13563,
through an interim final rule and then and the Department of Transportation’s
■ 16. Revise § 35.1330(a)(4)(iii) to read to make subsequent annual adjustments regulatory policies and procedures. This
as follows: for inflation that shall take effect not rulemaking document was not reviewed
later than January 15. The initial catch under Executive Order 12866 or
§ 35.1330 Interim controls. up adjustments for inflation to the Executive Order 13563. This action is
(a) * * * SLSDC’s CMP was published in the limited to the adoption of adjustments
(4) * * * Federal Register on June 28, 2016 and of civil penalties under statutes that the
as required, did not exceed 150 percent agency enforces, and has been
(iii) A renovator course accredited in of the amount of the CMP on the date determined to be not ‘‘significant’’
accordance with 40 CFR 745.225. of enactment of the Federal Civil under the Department of
* * * * * Penalties Inflation Adjustment Act of Transportation’s regulatory policies and
2015. The revised methodology for procedures and the policies of the Office
Dated: December 14, 2016.
agencies for 2017 and each year of Management and Budget. Because
Nani Coloretti, thereafter provides for the improvement this rulemaking does not change the
asabaliauskas on DSK3SPTVN1PROD with RULES

Deputy Secretary. of the effectiveness of CMPs and to number of entities that are subject to
[FR Doc. 2017–00261 Filed 1–12–17; 8:45 am] maintain their deterrent effect. Effective civil penalties, the impacts are limited.
BILLING CODE 4210–67–P 2017, agencies annual adjustments for We also do not expect the increase in
in inflation to CMPs apply only to CMPs the civil penalty amount in 33 CFR
with a dollar amount. 401.102 to be economically significant.
The SLSDC’s 2017 adjustments for Since January 1, 2010 to the present, the
inflation to the CMP set forth in this SLSDC assessed a total of approximately
regulation were determined pursuant to $27,000 in civil fines and penalties.

VerDate Sep<11>2014 16:00 Jan 12, 2017 Jkt 241001 PO 00000 Frm 00024 Fmt 4700 Sfmt 4700 E:\FR\FM\13JAR1.SGM 13JAR1

Document Created: 2017-01-13 02:45:12
Document Modified: 2017-01-13 02:45:12

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 January 15, 2017.
Contact		Carrie Lavigne, Chief Counsel, SLSDC, telephone (315) 764-3231, 180 Andrews Street, Massena, NY 13362.
FR Citation		82 FR 4172
RIN Number		2135-AA40
CFR Associated		Hazardous Materials Transportation; Navigation (water); Penalties; Radio; Reporting and Recordkeeping Requirements; Vessels and Waterways

82 FR 4172 - Civil Penalties

DEPARTMENT OF TRANSPORTATIONSaint Lawrence Seaway Development Corporation

Federal Register Volume 82, Issue 9 (January 13, 2017)

DEPARTMENT OF TRANSPORTATION
Saint Lawrence Seaway Development Corporation