83 FR 1304 - Inflation Adjustment of Civil Monetary Penalties
FEDERAL MARITIME COMMISSION Federal Register Volume 83, Issue 8 (January 11, 2018)
Federal Register Volume 83, Issue 8 (January 11, 2018)
| Page Range | 1304-1305 | |
| FR Document | 2018-00319 |
[Federal Register Volume 83, Number 8 (Thursday, January 11, 2018)] [Rules and Regulations] [Pages 1304-1305] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-00319] ======================================================================= ----------------------------------------------------------------------- FEDERAL MARITIME COMMISSION 46 CFR Part 506 [Docket No. 18-01] RIN 3072-AC70 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 15 each year. DATES: This rule is effective on January 15, 2018. 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, Sec. 701 of Public Law 11- 74. 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 civil monetary penalties under their jurisdiction by January 15 each year, based on changes in the consumer price index (CPI-U) using data from October in the previous calendar year. On December 15, 2017, the Office of Management and Budget published guidance stating that the CPI-U multiplier for October 2017 is 1.02041.\1\ In order to complete the adjustment for January 2018, agencies must multiply the most recent civil penalty amounts in 46 CFR part 506. --------------------------------------------------------------------------- \1\ Office of Management and Budget, M-18-03, Implementation of Penalty Inflation Adjustments for 2018, Pursuant to the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, at 1 (Dec. 15, 2017) (M-18-03). --------------------------------------------------------------------------- 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.\2\ As noted above, the 2015 Act requires that the Commission adjust its civil monetary penalties no later than January 15 of each year. --------------------------------------------------------------------------- \2\ FCPIAA section 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 [[Page 1305]] 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: 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 Maximum penalty amount penalty as of United States Code citation Civil monetary penalty description as of January January 15, 15, 2017 2018 ---------------------------------------------------------------------------------------------------------------- 46 U.S.C. 42304....................... Adverse impact on U.S. carriers by 2,011,061 2,052,107 foreign shipping practices. 46 U.S.C. 41107(a).................... Knowing and Willful violation/Shipping 57,391 58,562 Act of 1984, or Commission regulation or order. 46 U.S.C. 41107(b).................... Violation of Shipping Act of 1984, 11,478 11,712 Commission regulation or order, not knowing and willful. 46 U.S.C. 41108(b).................... Operating in foreign commerce after 114,782 117,125 tariff suspension. 46 U.S.C. 42104....................... Failure to provide required reports, 9,054 9,239 etc./Merchant Marine Act of 1920. 46 U.S.C. 42106....................... Adverse shipping conditions/Merchant 1,810,706 1,847,663 Marine Act of 1920. 46 U.S.C. 42108....................... Operating after tariff or service 90,535 92,383 contract suspension/Merchant Marine Act of 1920. 46 U.S.C. 44102....................... Failure to establish financial 22,868 23,335 responsibility for non-performance of 762 778 transportation. 46 U.S.C. 44103....................... Failure to establish financial 22,868 23,335 responsibility for death or injury. 762 778 31 U.S.C. 3802(a)(1).................. Program Fraud Civil Remedies Act/makes 10,957 11,181 false claim. 31 U.S.C. 3802(a)(2).................. Program Fraud Civil Remedies Act/giving 10,957 11,181 false statement. ---------------------------------------------------------------------------------------------------------------- By the Commission. Rachel E. Dickon, Assistant Secretary. [FR Doc. 2018-00319 Filed 1-10-18; 8:45 am] BILLING CODE 6731-AA-P
![1304 Federal Register / Vol. 83, No. 8 / Thursday, January 11, 2018 / Rules and Regulations
in such prohibited conduct, and as a FEDERAL MARITIME COMMISSION Procedure Act (APA) (5 U.S.C. 553),
result, we believe that any aggregate including the requirements for prior
economic impact of these revised 46 CFR Part 506 notice, an opportunity for comment, and
regulations will be minimal, affecting [Docket No. 18–01] a delay between the issuance of a final
only those limited few who may engage rule and its effective date.2 As noted
RIN 3072–AC70 above, the 2015 Act requires that the
in prohibited conduct in violation of the
statute. As such, this final rule and the Commission adjust its civil monetary
Inflation Adjustment of Civil Monetary penalties no later than January 15 of
inflation adjustment contained therein Penalties
should have no effect on Federal or state each year.
expenditures. AGENCY: Federal Maritime Commission. Congressional Review Act
ACTION: Final rule.
V. Regulatory Flexibility Act The rule is not a ‘‘major rule’’ as
SUMMARY: The Commission is defined by the Congressional Review
The Administrator of General Services publishing its adjustments to inflation Act, codified at 5 U.S.C. 801 et seq. The
certifies that this final rule will not have annually, pursuant to the Federal Civil rule will not result in: (1) An annual
a significant economic impact on a Penalties Inflation Adjustment Act effect on the economy of $100,000,000
substantial number of small business Improvements Act of 2015 (2015 Act). or more; (2) a major increase in costs or
entities. While some penalties may have The 2015 Act requires that agencies prices; or (3) significant adverse effects
an impact on small business entities, it adjust and publish their civil penalties on competition, employment,
is the nature of the violation and not the by January 15 each year. investment, productivity, innovation, or
size of the entity that will result in an the ability of United States-based
DATES: This rule is effective on January
action by the agency, and the aggregate companies to compete with foreign-
15, 2018.
economic impact of this rulemaking on based companies. 5 U.S.C. 804(2).
FOR FURTHER INFORMATION CONTACT:
small business entities should be Tyler Wood, General Counsel, Federal Regulatory Flexibility Act
minimal, affecting only those few who Maritime Commission, 800 North The Regulatory Flexibility Act
have engaged in prohibited conduct in Capitol Street NW, Room 1018, (codified as amended at 5 U.S.C. 601–
violation of statutory intent. Washington, DC 20573, (202) 523–5740. 612) provides that whenever an agency
VI. Paperwork Reduction Act SUPPLEMENTARY INFORMATION: This rule promulgates a final rule after being
adjusts the civil monetary penalties required to publish a notice of proposed
This final rule imposes no new assessable by the Commission in rulemaking under the APA (5 U.S.C.
reporting or recordkeeping requirements accordance with the 2015 Act, which 553), the agency must prepare and make
necessitating clearance by OMB. became effective on November 2, 2015, available a final regulatory flexibility
Sec. 701 of Public Law 11–74. The 2015 analysis (FRFA) describing the impact
List of Subject in 41 CFR Part 105–70
Act further amended the Federal Civil of the rule on small entities. 5 U.S.C.
Administrative hearing, Claims, Penalties Inflation Adjustment Act of 604. As indicated above, this final rule
Program fraud. 1990 (FCPIAA), Public Law 101–410, is not subject to the APA’s notice and
104 Stat. 890 (codified as amended at 28 comment requirements, and the
Dated: January 5, 2018. U.S.C. 2461 note), in order to improve Commission is not required to prepare
Emily W. Murphy, the effectiveness of civil monetary an FRFA in conjunction with this final
Administrator. penalties and to maintain their deterrent rule.
effect.
Accordingly, 41 CFR part 105–70 is Paperwork Reduction Act
The 2015 Act requires agencies to
amended as set forth below: adjust civil monetary penalties under The Paperwork Reduction Act of 1995
their jurisdiction by January 15 each (44 U.S.C. 3501–3521) requires an
PART 105–70—IMPLEMENTATION OF agency to seek and receive approval
year, based on changes in the consumer
THE PROGRAM FRAUD CIVIL price index (CPI–U) using data from from the Office of Management and
REMEDIES ACT OF 1986 October in the previous calendar year. Budget (OMB) before collecting
On December 15, 2017, the Office of information from the public. 44 U.S.C.
■ 1. The authority citation for part 105– Management and Budget published 3507. The agency must submit
70 is revised to read as follows: guidance stating that the CPI–U collections of information in rules to
Authority: 40 U.S.C. 121(c); 31 U.S.C. multiplier for October 2017 is 1.02041.1 OMB in conjunction with the
3809. In order to complete the adjustment for publication of the notice of proposed
January 2018, agencies must multiply rulemaking. 5 CFR 1320.11. This final
* * * * * rule does not contain any collections of
the most recent civil penalty amounts in
§ 105–70.003 [Amended] 46 CFR part 506. information, as defined by 44 U.S.C.
3502(3) and 5 CFR 1320.3(c).
■ 2. Amend § 105–70.003 by— Rulemaking Analyses and Notices
Regulation Identifier Number
■ a. Removing from paragraph (a)(1)(iv) Notice and Effective Date
The Commission assigns a regulation
the amount ‘‘10,781’’ and adding Adjustments under the FCPIAA, as identifier number (RIN) to each
‘‘11,001’’ in its place; and amended by the 2015 Act, are not regulatory action listed in the Unified
■ b. Removing from paragraph (b)(1)(ii) subject to the procedural rulemaking
ethrower on DSK3G9T082PROD with RULES
Agenda of Federal Regulatory and
the amount ‘‘10,781’’ and adding requirements of the Administrative Deregulatory Actions (Unified Agenda).
‘‘11,001’’ in its place. The Regulatory Information Service
1 Office of Management and Budget, M–18–03,
[FR Doc. 2018–00367 Filed 1–10–18; 8:45 am] Center publishes the Unified Agenda in
Implementation of Penalty Inflation Adjustments
BILLING CODE 6820–81–P for 2018, Pursuant to the Federal Civil Penalties April and October of each year. You
Inflation Adjustment Act Improvements Act of
2015, at 1 (Dec. 15, 2017) (M–18–03). 2 FCPIAA section 4(b)(2); M–17–11 at 2.
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![Federal Register / Vol. 83, No. 8 / Thursday, January 11, 2018 / Rules and Regulations 1305
may use the RIN contained in the For the reasons stated in the ■ 2. Amend § 506.4 by revising
heading at the beginning of this preamble, part 506 of title 46 of the paragraph (d) to read as follows:
document to find this action in the Code of Federal Regulations is amended
as follows: § 506.4 Cost of living adjustments of civil
Unified Agenda, available at http:// monetary penalties.
www.reginfo.gov/public/do/
PART 506—CIVIL MONETARY * * * * *
eAgendaMain.
PENALTY INFLATION ADJUSTMENT (d) Inflation adjustment. Maximum
List of Subjects in 46 CFR Part 506 civil monetary penalties within the
■ 1. The authority citation for part 506 jurisdiction of the Federal Maritime
Administrative practice and continues to read as follows: Commission are adjusted for inflation as
procedure, Penalties. Authority: 28 U.S.C. 2461. follows:
Maximum Maximum
penalty penalty
United States Code cita- Civil monetary penalty description amount as of as of
tion January 15, January 15,
2017 2018
46 U.S.C. 42304 ............... Adverse impact on U.S. carriers by foreign shipping practices .............................. 2,011,061 2,052,107
46 U.S.C. 41107(a) ........... Knowing and Willful violation/Shipping Act of 1984, or Commission regulation or 57,391 58,562
order.
46 U.S.C. 41107(b) ........... Violation of Shipping Act of 1984, Commission regulation or order, not knowing 11,478 11,712
and willful.
46 U.S.C. 41108(b) ........... Operating in foreign commerce after tariff suspension ........................................... 114,782 117,125
46 U.S.C. 42104 ............... Failure to provide required reports, etc./Merchant Marine Act of 1920 .................. 9,054 9,239
46 U.S.C. 42106 ............... Adverse shipping conditions/Merchant Marine Act of 1920 .................................... 1,810,706 1,847,663
46 U.S.C. 42108 ............... Operating after tariff or service contract suspension/Merchant Marine Act of 1920 90,535 92,383
46 U.S.C. 44102 ............... Failure to establish financial responsibility for non-performance of transportation 22,868 23,335
762 778
46 U.S.C. 44103 ............... Failure to establish financial responsibility for death or injury ................................. 22,868 23,335
762 778
31 U.S.C. 3802(a)(1) ........ Program Fraud Civil Remedies Act/makes false claim ........................................... 10,957 11,181
31 U.S.C. 3802(a)(2) ........ Program Fraud Civil Remedies Act/giving false statement ..................................... 10,957 11,181
By the Commission. (South Atlantic Council). This final rule and is managed under the Snapper-
Rachel E. Dickon, revises commercial and recreational Grouper FMP. The Snapper-Grouper
Assistant Secretary. annual catch limits (ACLs), the FMP was prepared by the South
[FR Doc. 2018–00319 Filed 1–10–18; 8:45 am]
minimum size limit, commercial trip Atlantic Council and is implemented by
limits, and the recreational bag limit for NMFS through regulations at 50 CFR
BILLING CODE 6731–AA–P
mutton snapper in the South Atlantic part 622 under the authority of the
based on the results of the most recent Magnuson-Stevens Fishery
stock assessment update. The purpose Conservation and Management Act
DEPARTMENT OF COMMERCE of this final rule is to ensure that mutton (Magnuson-Stevens Act).
National Oceanic and Atmospheric snapper is managed based on the best On September 26, 2017, NMFS
Administration scientific information available to published the notice of availability for
achieve optimum yield (OY) and to Amendment 41 in the Federal Register
50 CFR Part 622 prevent overfishing, while minimizing and requested public comment (82 FR
adverse social and economic effects to 44756). On October 24, 2017, NMFS
[Docket No. 170324313–7999–02] the extent practicable. published a proposed rule for
RIN 0648–BG77 DATES: This final rule is effective on Amendment 41 in the Federal Register
February 10, 2018. and requested public comment (82 FR
Fisheries of the Caribbean, Gulf of ADDRESSES: Electronic copies of 49167). Amendment 41 and the
Mexico, and South Atlantic; Snapper- Amendment 41 may be obtained from proposed rule outline the rationale for
Grouper Fishery of the South Atlantic www.regulations.gov or the Southeast the actions contained in this final rule.
Region; Amendment 41 Regional Office website at http://http:// A summary of the management
AGENCY: National Marine Fisheries sero.nmfs.noaa.gov/sustainable_ measures described in Amendment 41
Service (NMFS), National Oceanic and fisheries/s_atl/sg/2016/am41/ and implemented by this final rule is
Atmospheric Administration (NOAA), index.html. Amendment 41 includes an provided below.
Commerce. environmental assessment, regulatory
impact review, Regulatory Flexibility Management Measures Contained in
ACTION: Final rule. Act (RFA) analysis, and fishery impact This Final Rule
SUMMARY: NMFS implements statement. This final rule revises the mutton
FOR FURTHER INFORMATION CONTACT: snapper ACLs for the commercial and
ethrower on DSK3G9T082PROD with RULES
management measures described in
Amendment 41 to the Fishery Mary Vara, NMFS Southeast Regional recreational sectors in the South
Management Plan for the Snapper- Office, telephone: 727–824–5305, or Atlantic, increases the minimum size
Grouper Fishery of the South Atlantic email: mary.vara@noaa.gov. limit for mutton snapper in the
Region (Snapper-Grouper FMP), as SUPPLEMENTARY INFORMATION: The commercial and recreational sectors,
prepared and submitted by the South snapper-grouper fishery in the South and modifies the commercial trip limit
Atlantic Fishery Management Council Atlantic region includes mutton snapper and the recreational bag limit. Unless
VerDate Sep<11>2014 16:45 Jan 10, 2018 Jkt 244001 PO 00000 Frm 00017 Fmt 4700 Sfmt 4700 E:\FR\FM\11JAR1.SGM 11JAR1](https://thefederalregister.org/doc/83_FR_1312/page/2.svg)
Document Created: 2018-01-11 04:54:02
Document Modified: 2018-01-11 04:54:02
| 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, 2018. | |
| Contact | Tyler Wood, General Counsel, Federal Maritime Commission, 800 North Capitol Street NW, Room 1018, Washington, DC 20573, (202) 523-5740. | |
| FR Citation | 83 FR 1304 | |
| RIN Number | 3072-AC70 | |
| CFR Associated | Administrative Practice and Procedure and Penalties |
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