83 FR 1515 - Adjustment of Civil Penalties for Inflation for Fiscal Year 2018
NUCLEAR REGULATORY COMMISSION Federal Register Volume 83, Issue 9 (January 12, 2018)
Federal Register Volume 83, Issue 9 (January 12, 2018)
| Page Range | 1515-1517 | |
| FR Document | 2018-00368 |
[Federal Register Volume 83, Number 9 (Friday, January 12, 2018)] [Rules and Regulations] [Pages 1515-1517] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-00368] ======================================================================== Rules and Regulations Federal Register ________________________________________________________________________ This section of the FEDERAL REGISTER contains regulatory documents having general applicability and legal effect, most of which are keyed to and codified in the Code of Federal Regulations, which is published under 50 titles pursuant to 44 U.S.C. 1510. The Code of Federal Regulations is sold by the Superintendent of Documents. ======================================================================== Federal Register / Vol. 83, No. 9 / Friday, January 12, 2018 / Rules and Regulations [[Page 1515]] NUCLEAR REGULATORY COMMISSION 10 CFR Parts 2 and 13 [NRC-2016-0166] RIN 3150-AJ83 Adjustment of Civil Penalties for Inflation for Fiscal Year 2018 AGENCY: Nuclear Regulatory Commission. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is amending its regulations to adjust the maximum Civil Monetary Penalties (CMPs) it can assess under statutes enforced by the agency. These changes are mandated by the Federal Civil Penalties Inflation Adjustment Act of 1990 (FCPIAA), as amended by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (2015 Improvements Act). The NRC is amending its regulations to adjust the maximum CMP for a violation of the Atomic Energy Act of 1954, as amended (AEA), or any regulation or order issued under the AEA from $285,057 to $290,875 per violation, per day. Additionally, the NRC is amending provisions concerning program fraud civil penalties by adjusting the maximum CMP under the Program Fraud Civil Remedies Act from $10,957 to $11,181 for each false claim or statement. DATES: This final rule is effective on January 15, 2018. ADDRESSES: Please refer to Docket ID NRC-2016-0166 when contacting the NRC about the availability of information for this action. You may obtain publicly-available information related to this action by any of the following methods:Federal Rulemaking website: Go to http://www.regulations.gov and search for Docket ID NRC-2016-0166. Address questions about NRC dockets to Carol Gallagher; telephone: 301-415- 3463; email: Carol.Gallagher@nrc.gov. For technical questions, contact the individual listed in the FOR FURTHER INFORMATION CONTACT section of this document. NRC's Agencywide Documents Access and Management System (ADAMS): You may obtain publicly-available documents online in the ADAMS Public Documents collection at http://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``ADAMS Public Documents'' and then select ``Begin Web-based ADAMS Search.'' For problems with ADAMS, please contact the NRC's Public Document Room (PDR) reference staff at 1-800-397-4209, 301-415-4737, or by email to pdr.resource@nrc.gov. The ADAMS accession number for each document referenced (if it is available in ADAMS) is provided the first time that it is mentioned in the SUPPLEMENTARY INFORMATION section. NRC's PDR: You may examine and purchase copies of public documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852. FOR FURTHER INFORMATION CONTACT: Eric Michel, Office of the General Counsel, telephone: 301-415-0932, email: Eric.Michel2@nrc.gov, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001. SUPPLEMENTARY INFORMATION: Table of Contents I. Background II. Discussion III. Rulemaking Procedure IV. Section-by-Section Analysis V. Regulatory Analysis VI. Regulatory Flexibility Act VII. Backfitting and Issue Finality VIII. Plain Writing IX. National Environmental Policy Act X. Paperwork Reduction Act XI. Congressional Review Act I. Background Congress passed the FCPIAA in 1990 to allow for regular adjustment for inflation of CMPs, maintain the deterrent effect of such penalties and promote compliance with the law, and improve the collection of CMPs by the Federal government (Pub L. 101-410, 104 Stat. 890; 28 U.S.C. 2461 note). Pursuant to this authority, and as amended by the Debt Collection Improvement Act of 1996 (Pub. L. 104-34, 110 Stat. 1321- 373), the NRC increased via rulemaking the CMP amounts for violations of the AEA (codified at Sec. 2.205 of title 10 of the Code of Federal Regulations (10 CFR)) and Program Fraud Civil Remedies Act (codified at Sec. 13.3) on four occasions between 1996 and 2008.\1\ --------------------------------------------------------------------------- \1\ Adjustment of Civil Penalties for Inflation, 73 FR 54,671 (Sept. 23, 2008); Adjustment of Civil Penalties for Inflation, 69 FR 62,393 (Oct. 26, 2004); Adjustment of Civil Penalties for Inflation; Miscellaneous Administrative Changes, 65 FR 59,270 (Oct. 4, 2000); Adjustment of Civil Monetary Penalties for Inflation, 61 FR 53,554 (Oct. 11, 1996). An adjustment was not performed in 2012 because the FCPIAA at the time required agencies to round their CMP amounts to the nearest multiple of $1,000 or $10,000, depending on the size of the CMP amount, and the 2012 adjustments based on the statutory formula were small enough that no adjustment resulted. --------------------------------------------------------------------------- On November 2, 2015, Congress amended the FCPIAA through the 2015 Improvements Act (Sec. 701, Pub. L. 114-74, 129 Stat. 599). The 2015 Improvements Act required that the head of each agency perform an initial ``catch-up'' adjustment via rulemaking, adjusting the CMPs enforced by that agency according to the percentage change in the Consumer Price Index (CPI) between the month of October 2015 and the month of October of the calendar year when the CMP amount was last established by Congress. The NRC performed this catch-up rulemaking on July 1, 2016 (81 FR 43019). The 2015 Improvements Act also requires that the head of each agency continue to adjust CMP amounts, rounded to the nearest dollar, on an annual basis. Specifically, each CMP is to be adjusted based on the percentage change between the CPI for the previous month of October, and the CPI for the month of October in the year preceding that. The NRC most recently adjusted its civil penalties for inflation according to this statutory formula on January 24, 2017 (82 FR 8133). This year's adjustment is based on the percentage change between the CPI for October 2017 and October 2016. II. Discussion Section 234 of the AEA limits civil penalties for violations of the AEA to $100,000 per day, per violation (42 U.S.C. 2282). However, as discussed in Section I, ``Background,'' of this document, the NRC has increased this amount several times since 1996 per the FCPIAA, as amended. Using the formula [[Page 1516]] in the 2015 Improvements Act, the $285,057 amount last established in January 2017 will increase by 2.041%, resulting in a new CMP amount of $290,875. This is based on the percentage change between the October 2017 CPI (246.663) and the October 2016 CPI (241.729). Therefore, the NRC is amending Sec. 2.205 to reflect a new maximum CMP under the AEA in the amount of $290,875 per day, per violation. This represents an increase of $5,818. Monetary penalties under the Program Fraud Civil Remedies Act were established in 1986 at $5,000 per claim (Pub. L. 99-509, 100 Stat. 1938; 31 U.S.C. 3802). The NRC has also adjusted this amount (currently set at $10,957) multiple times pursuant to the FCPIAA, as amended, since 1996. Using the formula in the 2015 Improvements Act, the $10,957 amount last established in January 2017 will also increase by 2.041%, resulting in a new CMP amount of $11,181. Therefore, the NRC is amending Sec. 13.3 to reflect a new maximum CMP amount of $11,181 per claim or statement. This represents an increase of $224. As permitted by the 2015 Improvements Act, the NRC may apply these increased CMP amounts to any penalties assessed by the agency after the effective date of this rulemaking (January 15, 2018), regardless of whether the associated violation occurred before or after this date (Pub. L. 114-74, 129 Stat. 600; 28 U.S.C. 2461 note). The NRC assesses civil penalty amounts for violations of the AEA based on the class of licensee and severity of the violation, in accordance with the NRC Enforcement Policy (ADAMS Accession No. ML16197A561). A corresponding update to the NRC Enforcement Policy to reflect the updated CMP amount in Sec. 2.205 will be published in the near future. III. Rulemaking Procedure The 2015 Improvements Act expressly exempts this final rule from the notice and comment requirements of the Administrative Procedure Act, by directing agencies to adjust CMPs for inflation ``notwithstanding section 553 of title 5, United States Code'' (Pub. L. 114-74, 129 Stat. 599; 28 U.S.C. 2461 note). As such, this final rule is being issued without prior public notice or opportunity for public comment, with an immediate effective date. IV. Section-by-Section Analysis Paragraph (j) in Sec. 2.205 is revised by replacing ``$285,057'' with ``$290,875''. Paragraphs (a)(1)(iv) and (b)(1)(ii) in Sec. 13.3 are revised by replacing ``$10,957'' with ``$11,181''. V. Regulatory Analysis This final rule adjusts for inflation the maximum CMPs the NRC may assess under the AEA and under the Program Fraud Civil Remedies Act of 1986. The formula for determining the amount of the adjustment is mandated by Congress in the FCPIAA, as amended by the 2015 Improvements Act (codified at 28 U.S.C. 2461 note). Congress passed this legislation on the basis of its findings that the power to impose monetary civil penalties is important to deterring violations of Federal law and furthering the policy goals of Federal laws and regulations. Congress has also found that inflation diminishes the impact of these penalties and their effect. The principal purposes of this legislation are to provide for adjustment of civil monetary penalties for inflation, maintain the deterrent effect of civil monetary penalties, and promote compliance with the law. Therefore, these are the anticipated impacts of this rulemaking. Direct monetary impacts fall only upon licensees or other persons subjected to NRC enforcement for violations of the AEA and regulations and orders issued under the AEA (Sec. 2.205), or those licensees or persons subjected to liability pursuant to the provisions of the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801-3812) and the NRC's implementing regulations (10 CFR part 13). VI. Regulatory Flexibility Act The Regulatory Flexibility Act does not apply to regulations for which a Federal agency is not required by law, including the rulemaking provisions of the Administrative Procedure Act, 5 U.S.C 553(b), to publish a general notice of proposed rulemaking (5 U.S.C. 604). As discussed in this notice under Section III., ``Rulemaking Procedure,'' the NRC has determined that this final rule is exempt from the requirements of 5 U.S.C. 553(b) and notice and comment need not be provided. Accordingly, the NRC also determines that the requirements of the Regulatory Flexibility Act do not apply to this final rule. VII. Backfit and Issue Finality The NRC has not prepared a backfit analysis for this final rule. This final rule does not involve any provision that would impose a backfit, nor is it inconsistent with any issue finality provision, as those terms are defined in 10 CFR chapter I. As mandated by Congress, this final rule increases CMP amounts for violations of already- existing NRC regulations and requirements. This final rule does not modify any licensee systems, structures, components, designs, approvals, or procedures required for the construction or operation of any facility. VIII. Plain Writing The Plain Writing Act of 2010 (Pub. L. 111-274) requires Federal agencies to write documents in a clear, concise, and well-organized manner. The NRC has written this document to be consistent with the Plain Writing Act as well as the Presidential Memorandum, ``Plain Language in Government Writing,'' published June 10, 1998 (63 FR 31883). IX. National Environmental Policy Act The NRC has determined that this final rule is the type of action described as a categorical exclusion in 10 CFR 51.22(c)(1). Therefore, neither an environmental impact statement nor an environmental assessment has been prepared for this final rule. X. Paperwork Reduction Act This final rule does not contain a collection of information as defined in the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) and, therefore, is not subject to the requirements of the Paperwork Reduction Act of 1995. XI. Congressional Review Act This final rule is a rule as defined in the Congressional Review Act (5 U.S.C. 801-808). However, the Office of Management and Budget has not found it to be a major rule as defined in the Congressional Review Act. List of Subjects 10 CFR Part 2 Administrative practice and procedure, Antitrust, Byproduct material, Classified information, Confidential business information; Freedom of information, Environmental protection, Hazardous waste, Nuclear energy, Nuclear materials, Nuclear power plants and reactors, Penalties, Reporting and recordkeeping requirements, Sex discrimination, Source material, Special nuclear material, Waste treatment and disposal. 10 CFR Part 13 Administrative practice and procedure, Claims, Fraud, Organization and function (Government agencies), Penalties. For the reasons set out in the preamble and under the authority of the Atomic Energy Act of 1954, as amended; the Energy Reorganization Act of 1974, as amended; 28 U.S.C. 2461 note; and 5 [[Page 1517]] U.S.C. 552 and 553, the NRC is adopting the following amendments to 10 CFR parts 2 and 13: PART 2--AGENCY RULES OF PRACTICE AND PROCEDURE 0 1. The authority citation for part 2 continues to read as follows: Authority: Atomic Energy Act of 1954, secs. 29, 53, 62, 63, 81, 102, 103, 104, 105, 161, 181, 182, 183, 184, 186, 189, 191, 234 (42 U.S.C. 2039, 2073, 2092, 2093, 2111, 2132, 2133, 2134, 2135, 2201, 2231, 2232, 2233, 2234, 2236, 2239, 2241, 2282); Energy Reorganization Act of 1974, secs. 201, 206 (42 U.S.C. 5841, 5846); Nuclear Waste Policy Act of 1982, secs. 114(f), 134, 135, 141 (42 U.S.C. 10134(f), 10154, 10155, 10161); Administrative Procedure Act (5 U.S.C. 552, 553, 554, 557, 558); National Environmental Policy Act of 1969 (42 U.S.C. 4332); 44 U.S.C. 3504 note. Section 2.205(j) also issued under 28 U.S.C. 2461 note. 0 2. In Sec. 2.205, revise paragraph (j) to read as follows: Sec. 2.205 Civil penalties. * * * * * (j) Amount. A civil monetary penalty imposed under Section 234 of the Atomic Energy Act of 1954, as amended, or any other statute within the jurisdiction of the Commission that provides for the imposition of a civil penalty in an amount equal to the amount set forth in Section 234, may not exceed $290,875 for each violation. If any violation is a continuing one, each day of such violation shall constitute a separate violation for the purposes of computing the applicable civil penalty. PART 13--PROGRAM FRAUD CIVIL REMEDIES 0 3. The authority citation for part 13 continues to read as follows: Authority: 31 U.S.C. 3801 through 3812; 44 U.S.C. 3504 note. Section 13.3 also issued under 28 U.S.C. 2461 note. Section 13.13 also issued under 31 U.S.C. 3730. 0 4. In Sec. 13.3, revise paragraphs (a)(1)(iv) and (b)(1)(ii) to read as follows: Sec. 13.3 Basis for civil penalties and assessments. (a) * * * (1) * * * (iv) Is for payment for the provision of property or services which the person has not provided as claimed, shall be subject, in addition to any other remedy that may be prescribed by law, to a civil penalty of not more than $11,181 for each such claim. * * * * * (b) * * * (1) * * * (ii) Contains or is accompanied by an express certification or affirmation of the truthfulness and accuracy of the contents of the statement, shall be subject, in addition to any other remedy that may be prescribed by law, to a civil penalty of not more than $11,181 for each such statement. * * * * * Dated in Rockville, Maryland, this 28th day of December, 2017. For the Nuclear Regulatory Commission. Frederick D. Brown, Acting Executive Director for Operations. [FR Doc. 2018-00368 Filed 1-11-18; 8:45 am] BILLING CODE 7590-01-P
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Rules and Regulations Federal Register
Vol. 83, No. 9
Friday, January 12, 2018
This section of the FEDERAL REGISTER email: Carol.Gallagher@nrc.gov. For increased via rulemaking the CMP
contains regulatory documents having general technical questions, contact the amounts for violations of the AEA
applicability and legal effect, most of which individual listed in the FOR FURTHER (codified at § 2.205 of title 10 of the
are keyed to and codified in the Code of INFORMATION CONTACT section of this Code of Federal Regulations (10 CFR))
Federal Regulations, which is published under document. and Program Fraud Civil Remedies Act
50 titles pursuant to 44 U.S.C. 1510.
• NRC’s Agencywide Documents (codified at § 13.3) on four occasions
The Code of Federal Regulations is sold by Access and Management System between 1996 and 2008.1
the Superintendent of Documents. (ADAMS): You may obtain publicly- On November 2, 2015, Congress
available documents online in the amended the FCPIAA through the 2015
ADAMS Public Documents collection at Improvements Act (Sec. 701, Pub. L.
NUCLEAR REGULATORY http://www.nrc.gov/reading-rm/ 114–74, 129 Stat. 599). The 2015
COMMISSION adams.html. To begin the search, select Improvements Act required that the
‘‘ADAMS Public Documents’’ and then head of each agency perform an initial
10 CFR Parts 2 and 13 select ‘‘Begin Web-based ADAMS ‘‘catch-up’’ adjustment via rulemaking,
[NRC–2016–0166] Search.’’ For problems with ADAMS, adjusting the CMPs enforced by that
please contact the NRC’s Public agency according to the percentage
RIN 3150–AJ83
Document Room (PDR) reference staff at change in the Consumer Price Index
Adjustment of Civil Penalties for 1–800–397–4209, 301–415–4737, or by (CPI) between the month of October
Inflation for Fiscal Year 2018 email to pdr.resource@nrc.gov. The 2015 and the month of October of the
ADAMS accession number for each calendar year when the CMP amount
AGENCY: Nuclear Regulatory document referenced (if it is available in was last established by Congress. The
Commission. ADAMS) is provided the first time that NRC performed this catch-up
ACTION: Final rule. it is mentioned in the SUPPLEMENTARY rulemaking on July 1, 2016 (81 FR
INFORMATION section. 43019).
SUMMARY: The U.S. Nuclear Regulatory • NRC’s PDR: You may examine and The 2015 Improvements Act also
Commission (NRC) is amending its purchase copies of public documents at requires that the head of each agency
regulations to adjust the maximum Civil the NRC’s PDR, Room O1–F21, One continue to adjust CMP amounts,
Monetary Penalties (CMPs) it can assess White Flint North, 11555 Rockville rounded to the nearest dollar, on an
under statutes enforced by the agency. Pike, Rockville, Maryland 20852. annual basis. Specifically, each CMP is
These changes are mandated by the to be adjusted based on the percentage
FOR FURTHER INFORMATION CONTACT: Eric
Federal Civil Penalties Inflation change between the CPI for the previous
Michel, Office of the General Counsel,
Adjustment Act of 1990 (FCPIAA), as month of October, and the CPI for the
telephone: 301–415–0932, email:
amended by the Federal Civil Penalties month of October in the year preceding
Eric.Michel2@nrc.gov, U.S. Nuclear
Inflation Adjustment Act Improvements that. The NRC most recently adjusted its
Regulatory Commission, Washington,
Act of 2015 (2015 Improvements Act). civil penalties for inflation according to
DC 20555–0001.
The NRC is amending its regulations to this statutory formula on January 24,
adjust the maximum CMP for a violation SUPPLEMENTARY INFORMATION:
2017 (82 FR 8133). This year’s
of the Atomic Energy Act of 1954, as Table of Contents adjustment is based on the percentage
amended (AEA), or any regulation or change between the CPI for October
I. Background
order issued under the AEA from II. Discussion 2017 and October 2016.
$285,057 to $290,875 per violation, per III. Rulemaking Procedure
day. Additionally, the NRC is amending II. Discussion
IV. Section-by-Section Analysis
provisions concerning program fraud V. Regulatory Analysis Section 234 of the AEA limits civil
civil penalties by adjusting the VI. Regulatory Flexibility Act penalties for violations of the AEA to
maximum CMP under the Program VII. Backfitting and Issue Finality $100,000 per day, per violation (42
Fraud Civil Remedies Act from $10,957 VIII. Plain Writing U.S.C. 2282). However, as discussed in
to $11,181 for each false claim or IX. National Environmental Policy Act Section I, ‘‘Background,’’ of this
statement. X. Paperwork Reduction Act
document, the NRC has increased this
XI. Congressional Review Act
DATES: This final rule is effective on amount several times since 1996 per the
January 15, 2018. I. Background FCPIAA, as amended. Using the formula
ADDRESSES: Please refer to Docket ID Congress passed the FCPIAA in 1990 1 Adjustment of Civil Penalties for Inflation, 73
NRC–2016–0166 when contacting the to allow for regular adjustment for FR 54,671 (Sept. 23, 2008); Adjustment of Civil
NRC about the availability of inflation of CMPs, maintain the Penalties for Inflation, 69 FR 62,393 (Oct. 26, 2004);
information for this action. You may deterrent effect of such penalties and Adjustment of Civil Penalties for Inflation;
obtain publicly-available information promote compliance with the law, and Miscellaneous Administrative Changes, 65 FR
sradovich on DSK3GMQ082PROD with RULES
59,270 (Oct. 4, 2000); Adjustment of Civil Monetary
related to this action by any of the improve the collection of CMPs by the Penalties for Inflation, 61 FR 53,554 (Oct. 11, 1996).
following methods: Federal government (Pub L. 101–410, An adjustment was not performed in 2012 because
• Federal Rulemaking website: Go to 104 Stat. 890; 28 U.S.C. 2461 note). the FCPIAA at the time required agencies to round
http://www.regulations.gov and search Pursuant to this authority, and as their CMP amounts to the nearest multiple of
$1,000 or $10,000, depending on the size of the
for Docket ID NRC–2016–0166. Address amended by the Debt Collection CMP amount, and the 2012 adjustments based on
questions about NRC dockets to Carol Improvement Act of 1996 (Pub. L. 104– the statutory formula were small enough that no
Gallagher; telephone: 301–415–3463; 34, 110 Stat. 1321–373), the NRC adjustment resulted.
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![Federal Register / Vol. 83, No. 9 / Friday, January 12, 2018 / Rules and Regulations 1517
U.S.C. 552 and 553, the NRC is adopting (b) * * * 2015 (the 2015 Adjustment Act),2
the following amendments to 10 CFR (1) * * * requires Federal agencies to adjust the
parts 2 and 13: (ii) Contains or is accompanied by an amount of their civil money penalties
express certification or affirmation of (CMPs) 3 for inflation by January 15 of
PART 2—AGENCY RULES OF the truthfulness and accuracy of the each year, and requires the Office of
PRACTICE AND PROCEDURE contents of the statement, shall be Management and Budget (OMB) to issue
subject, in addition to any other remedy guidance to Federal agencies not later
■ 1. The authority citation for part 2
that may be prescribed by law, to a civil than December 15 of each year, on
continues to read as follows:
penalty of not more than $11,181 for implementing the required inflation
Authority: Atomic Energy Act of 1954, each such statement.
secs. 29, 53, 62, 63, 81, 102, 103, 104, 105, adjustments.
* * * * *
161, 181, 182, 183, 184, 186, 189, 191, 234 On January 27, 2017, the OCC
(42 U.S.C. 2039, 2073, 2092, 2093, 2111, Dated in Rockville, Maryland, this 28th published a final rule amending its rules
2132, 2133, 2134, 2135, 2201, 2231, 2232, day of December, 2017. of practice and procedure for national
2233, 2234, 2236, 2239, 2241, 2282); Energy For the Nuclear Regulatory Commission.
Reorganization Act of 1974, secs. 201, 206
banks and its rules of practice and
Frederick D. Brown, procedure in adjudicatory proceedings
(42 U.S.C. 5841, 5846); Nuclear Waste Policy
Act of 1982, secs. 114(f), 134, 135, 141 (42 Acting Executive Director for Operations. for Federal savings associations to
U.S.C. 10134(f), 10154, 10155, 10161); [FR Doc. 2018–00368 Filed 1–11–18; 8:45 am] adjust the maximum amount of each
Administrative Procedure Act (5 U.S.C. 552, BILLING CODE 7590–01–P CMP within its jurisdiction to
553, 554, 557, 558); National Environmental administer for inflation.4 The final rule
Policy Act of 1969 (42 U.S.C. 4332); 44 U.S.C.
also changed the method for making
3504 note.
DEPARTMENT OF THE TREASURY subsequent inflation adjustments,
Section 2.205(j) also issued under 28
U.S.C. 2461 note. consistent with the 2015 Adjustment
Office of the Comptroller of the Act and OMB guidance.5 Specifically,
■ 2. In § 2.205, revise paragraph (j) to Currency sections 19.240(a) and 109.103(c)(1) of
read as follows: the rule codified the formula for making
12 CFR Parts 19 and 109
§ 2.205 Civil penalties. inflation adjustments for national banks
[Docket ID OCC–2018–0001] and Federal savings associations,
* * * * *
(j) Amount. A civil monetary penalty RIN 1557–AE14 respectively. Sections 19.240(b) and
imposed under Section 234 of the 109.103(c)(2) of the rule provided a
Atomic Energy Act of 1954, as amended, Rules of Practice and Procedure; chart of penalties applicable during
or any other statute within the Rules of Practice and Procedure in 2017. Sections 19.240(c) and
jurisdiction of the Commission that Adjudicatory Proceedings; Civil Money 109.103(c)(3) also provided that notice
provides for the imposition of a civil Penalty Inflation Adjustments of the maximum penalties which may
penalty in an amount equal to the be assessed for calendar years after 2017
AGENCY: Office of the Comptroller of the
amount set forth in Section 234, may will be published as a notice in the
Currency, Treasury.
not exceed $290,875 for each violation. Federal Register on an annual basis on
If any violation is a continuing one, ACTION: Final rule.
or before January 15 of each calendar
each day of such violation shall SUMMARY: The Office of the Comptroller year.6
constitute a separate violation for the of the Currency (OCC) is amending its
purposes of computing the applicable rules of practice and procedure for 2 Public Law 114–74, Title VII, section 701(b),
civil penalty. national banks and its rules of practice Nov. 2, 2015, 129 Stat. 599, codified at 28 U.S.C.
2461 note.
PART 13—PROGRAM FRAUD CIVIL and procedure in adjudicatory 3 The 2015 Adjustment Act defined a ‘‘civil
REMEDIES proceedings for Federal savings monetary penalty’’ to mean ‘‘any penalty, fine, or
associations to remove the chart listing other sanction that is for a specific monetary
■ 3. The authority citation for part 13 the maximum dollar amount of civil amount as provided by Federal law; or has a
money penalties the OCC has authority maximum amount provided for by Federal law; and
continues to read as follows: is assessed or enforced by an agency pursuant to
Authority: 31 U.S.C. 3801 through 3812;
to assess. Federal law; and is assessed or enforced pursuant
44 U.S.C. 3504 note. DATES: This rule is effective on January to an administrative proceeding or a civil action in
12, 2018. the Federal courts.’’ 28 U.S.C. 2461 note, section
Section 13.3 also issued under 28 U.S.C. 3(2). Thus, a penalty based on another measure,
2461 note. Section 13.13 also issued under 31 FOR FURTHER INFORMATION CONTACT: such as a percentage of total assets, need not be
U.S.C. 3730. Kevin Korzeniewski, Counsel, adjusted.
■ 4. In § 13.3, revise paragraphs Legislative and Regulatory Activities 4 82 FR 8584 (January 27, 2017).
5 See OMB Memorandum M–18–03,
(a)(1)(iv) and (b)(1)(ii) to read as follows: Division, (202) 649–5490, or, for persons
‘‘Implementation of the 2018 annual adjustment
who are deaf or hearing impaired, TTY, pursuant to the Federal Civil Penalties Inflation
§ 13.3 Basis for civil penalties and (202) 649–5597. Adjustment Act Improvements Act of 2015,’’ at 4,
assessments. which permits agencies that have codified the
SUPPLEMENTARY INFORMATION:
(a) * * * formula to adjust CMPs for inflation to update the
(1) * * * I. Background penalties through a notice rather than a regulation.
(iv) Is for payment for the provision 6 To the extent an agency has codified a CMP
The Federal Civil Penalties Inflation
sradovich on DSK3GMQ082PROD with RULES
of property or services which the person amount in its regulations, the agency would need
Adjustment Act of 1990 (the 1990 to update that amount by regulation. However, if an
has not provided as claimed, shall be
Adjustment Act),1 as amended by the agency has codified the formula for making the
subject, in addition to any other remedy CMP adjustments, then subsequent adjustments can
Federal Civil Penalties Inflation
that may be prescribed by law, to a civil be made solely by notice. See OMB Memorandum
Adjustment Act Improvements Act of M–18–03, ‘‘Implementation of the 2018 annual
penalty of not more than $11,181 for
adjustment pursuant to the Federal Civil Penalties
each such claim. 1 Public Law 101–410, Oct. 5, 1990, 104 Stat. 890, Inflation Adjustment Act Improvements Act of
* * * * * codified at 28 U.S.C. 2461 note. 2015,’’ at 4.
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Document Created: 2018-10-26 09:51:24
Document Modified: 2018-10-26 09:51:24
| 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 final rule is effective on January 15, 2018. | |
| Contact | Eric Michel, Office of the General Counsel, telephone: 301-415-0932, email: [email protected], U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001. | |
| FR Citation | 83 FR 1515 | |
| RIN Number | 3150-AJ83 | |
| CFR Citation | 10
CFR
13 10 CFR 2 | |
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