83 FR 4600 - Annual Adjustment of Civil Monetary Penalties To Reflect Inflation
FEDERAL COMMUNICATIONS COMMISSION Federal Register Volume 83, Issue 22 (February 1, 2018)
Federal Register Volume 83, Issue 22 (February 1, 2018)
| Page Range | 4600-4601 | |
| FR Document | 2018-01990 |
[Federal Register Volume 83, Number 22 (Thursday, February 1, 2018)] [Rules and Regulations] [Pages 4600-4601] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-01990] ======================================================================= ----------------------------------------------------------------------- FEDERAL COMMUNICATIONS COMMISSION 47 CFR Part 1 [DA 18-12] Annual Adjustment of Civil Monetary Penalties To Reflect Inflation AGENCY: Federal Communications Commission. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (the 2015 Inflation Adjustment Act) requires the Federal Communications Commission to amend its forfeiture penalty rules to reflect annual adjustments for inflation in order to improve their effectiveness and maintain their deterrent effect. The 2015 Inflation Adjustment Act provides that the new penalty levels shall apply to penalties assessed after the effective date of the increase, including when the penalties whose associated violation predate the increase. DATES: Effective February 1, 2018. FOR FURTHER INFORMATION CONTACT: Lisa Gelb, Enforcement Bureau, 202- 418-1479. SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Order, DA 18-12, adopted and released on January 5, 2018. The document is available for download at http://transition.fcc.gov/Daily_Releases/Daily_Business/2018/db0105/DA-18-12A1.pdf. The complete text of this document is also available for inspection and copying during normal business hours in the FCC Reference Information Center, Portals II, 445 12th Street SW, Room CY-A257, Washington, DC 20554. The Bipartisan Budget Act of 2015 included, as Section 701 thereto, the 2015 Inflation Adjustment Act, which amended the Federal Civil Penalties Inflation Adjustment Act of 1990 (Pub. L. 101-410), to improve the effectiveness of civil monetary penalties and maintain their deterrent effect. Under the act, agencies are required to make annual inflationary adjustments by January 15 each year. The adjustments are calculated pursuant to Office of Management and Budget (OMB) guidance. OMB issued guidance on December 15, 2017, and this Order follows that guidance. We therefore update the civil monetary penalties set forth in the Commission's rules, to reflect an annual inflation adjustment that derives from OMB's cost-of-living multiplier of 1.02041. Paperwork Reduction Act This document does not contain new or modified information collection requirements subject to the Paperwork Reduction Act of 1995 (PRA), Public Law 104-13. In addition, therefore, it does not contain any new or modified information collection burden for small business concerns with fewer than 25 employees, pursuant to the Small Business Paperwork Relief Act of 2002, Public Law 107-198, see 44 U.S.C. 3506(c)(4). Congressional Review Act The Commission will send a copy of this Order to Congress and the Government Accountability Office pursuant to the Congressional Review Act, see 5 U.S.C. 801(a)(1)(A). List of Subjects in 47 CFR Part 1 Administrative practice and procedure, Penalties. Federal Communications Commission. Lisa S. Gelb, Deputy Chief, Enforcement Bureau. Final Rules For the reasons discussed in the preamble, the Federal Communications Commission amends 47 CFR part 1 as follows: PART 1--PRACTICE AND PROCEDURE 0 1. The authority citation for part 1 is revised to read as follows: Authority: 47 U.S.C. 34-39, 151, 154(i), 154(j), 155, 157, 160, 201, 225, 227, 303, 309, 310, 332, 1403, 1404, 1451, 1452, 1455; 28 U.S.C. 2461 note. Subpart A--General Rules of Practice and Procedure 0 2. Section 1.80 is amended by revising the table in Section III of the note to paragraph (b)(8) and revising paragraph (b)(9) to read as follows: Sec. 1.80 Forfeiture proceedings. * * * * * (b) * * * (8) * * * Note to paragraph (b)(8) * * * Section III. Non-Section 503 Forfeitures That Are Affected by the Downward Adjustment Factors * * * * * ------------------------------------------------------------------------ Violation Statutory amount ($) ------------------------------------------------------------------------ Sec. 202(c) Common Carrier $11,784, $589/day. Discrimination. Sec. 203(e) Common Carrier Tariffs..... $11,784, $589/day. Sec. 205(b) Common Carrier $23,566. Prescriptions. Sec. 214(d) Common Carrier Line $2,356/day. Extensions. Sec. 219(b) Common Carrier Reports..... $2,356/day. Sec. 220(d) Common Carrier Records & $11,784/day. Accounts. Sec. 223(b) Dial-a-Porn................ $122,110/day. Sec. 227(e) Caller Identification...... $11,278/violation. $33,833/day for each day of continuing violation, up to $1,127,799 for any single act or failure to act. Sec. 364(a) Forfeitures (Ships)........ $9,819/day (owner). [[Page 4601]] Sec. 364(b) Forfeitures (Ships)........ $1,964 (vessel master). Sec. 386(a) Forfeitures (Ships)........ $9,819/day (owner). Sec. 386(b) Forfeitures (Ships)........ $1,964 (vessel master). Sec. 634 Cable EEO..................... $870/day. ------------------------------------------------------------------------ (9) Inflation adjustments to the maximum forfeiture amount. (i) Pursuant to the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, Public Law 114-74 (129 Stat. 599-600), which amends the Federal Civil Monetary Penalty Inflation Adjustment Act of 1990, Public Law 101-410 (104 Stat. 890; 28 U.S.C. 2461 note), the statutory maximum amount of a forfeiture penalty assessed under this section shall be adjusted annually for inflation by order published no later than January 15 each year. Annual inflation adjustments will be based on the percentage (if any) by which the CPI-U for October preceding the date of the adjustment exceeds the prior year's CPI-U for October. The Office of Management and Budget (OMB) will issue adjustment rate guidance no later than December 15 each year to adjust for inflation in the CPI-U as of the most recent October. (ii) The application of the annual inflation adjustment required by the foregoing Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 results in the following adjusted statutory maximum forfeitures authorized by the Communications Act: ------------------------------------------------------------------------ Maximum penalty after 2018 U.S. Code citation inflation adjustment ------------------------------------------------------------------------ 47 U.S.C. 202(c)..................................... $11,784 589 47 U.S.C. 203(e)..................................... 11,784 589 47 U.S.C. 205(b)..................................... 23,566 47 U.S.C. 214(d)..................................... 2,356 47 U.S.C. 219(b)..................................... 2,356 47 U.S.C. 220(d)..................................... 11,784 47 U.S.C. 223(b)..................................... 122,110 47 U.S.C. 227(e)..................................... 11,278 33,833 1,127,799 47 U.S.C. 362(a)..................................... 9,819 47 U.S.C. 362(b)..................................... 1,964 47 U.S.C. 386(a)..................................... 9,819 47 U.S.C. 386(b)..................................... 1,964 47 U.S.C. 503(b)(2)(A)............................... 49,096 490,967 47 U.S.C. 503(b)(2)(B)............................... 196,387 1,963,870 47 U.S.C. 503(b)(2)(C)............................... 397,251 3,666,930 47 U.S.C. 503(b)(2)(D)............................... 19,639 147,290 47 U.S.C. 503(b)(2)(F)............................... 112,780 1,127,799 47 U.S.C. 507(a)..................................... 1,945 47 U.S.C. 507(b)..................................... 285 47 U.S.C. 554........................................ 870 ------------------------------------------------------------------------ * * * * * [FR Doc. 2018-01990 Filed 1-31-18; 8:45 am] BILLING CODE 6712-01-P
![4600 Federal Register / Vol. 83, No. 22 / Thursday, February 1, 2018 / Rules and Regulations
Upon filing a motion or response to a annual adjustments for inflation in does not contain any new or modified
motion by facsimile, the sender must, order to improve their effectiveness and information collection burden for small
within one business day, submit the maintain their deterrent effect. The 2015 business concerns with fewer than 25
original copy to the Clerk of the Inflation Adjustment Act provides that employees, pursuant to the Small
Environmental Appeals Board either the new penalty levels shall apply to Business Paperwork Relief Act of 2002,
electronically, by mail, or by hand penalties assessed after the effective Public Law 107–198, see 44 U.S.C.
delivery or courier. The Environmental date of the increase, including when the 3506(c)(4).
Appeals Board may by order require penalties whose associated violation
Congressional Review Act
filing by facsimile or the Board’s predate the increase.
electronic filing system, subject to any DATES: Effective February 1, 2018. The Commission will send a copy of
appropriate conditions and limitations. FOR FURTHER INFORMATION CONTACT: Lisa
this Order to Congress and the
* * * * * Gelb, Enforcement Bureau, 202–418– Government Accountability Office
(iii) Filing by hand delivery or courier. 1479. pursuant to the Congressional Review
Documents delivered by hand or courier Act, see 5 U.S.C. 801(a)(1)(A).
(including deliveries by U.S. Express SUPPLEMENTARY INFORMATION: This is a
summary of the Commission’s Order, List of Subjects in 47 CFR Part 1
Mail or by a commercial delivery
service) must be delivered to the Clerk DA 18–12, adopted and released on Administrative practice and
of the Environmental Appeals Board at: January 5, 2018. The document is procedure, Penalties.
U.S. Environmental Protection Agency, available for download at http://
Federal Communications Commission.
Environmental Appeals Board, WJC East transition.fcc.gov/Daily_Releases/Daily_
Lisa S. Gelb,
Building, 1201 Constitution Avenue Business/2018/db0105/DA-18-12A1.pdf.
The complete text of this document is Deputy Chief, Enforcement Bureau.
NW, Room 3332, Washington, DC
20004. also available for inspection and Final Rules
(3) * * * copying during normal business hours
in the FCC Reference Information For the reasons discussed in the
(ii) Service requirements for parties. preamble, the Federal Communications
* * * Service must be by first class U.S. Center, Portals II, 445 12th Street SW,
Room CY–A257, Washington, DC 20554. Commission amends 47 CFR part 1 as
mail, by any reliable commercial follows:
delivery service, or, if agreed to by the The Bipartisan Budget Act of 2015
parties, by facsimile or other electronic included, as Section 701 thereto, the PART 1—PRACTICE AND
means, including but not necessarily 2015 Inflation Adjustment Act, which PROCEDURE
limited to email. * * * amended the Federal Civil Penalties
Inflation Adjustment Act of 1990 (Pub. ■ 1. The authority citation for part 1 is
* * * * *
[FR Doc. 2018–02055 Filed 1–31–18; 8:45 am]
L. 101–410), to improve the revised to read as follows:
effectiveness of civil monetary penalties
BILLING CODE 6560–50–P Authority: 47 U.S.C. 34–39, 151, 154(i),
and maintain their deterrent effect. 154(j), 155, 157, 160, 201, 225, 227, 303, 309,
Under the act, agencies are required to 310, 332, 1403, 1404, 1451, 1452, 1455; 28
make annual inflationary adjustments U.S.C. 2461 note.
FEDERAL COMMUNICATIONS by January 15 each year. The
COMMISSION adjustments are calculated pursuant to Subpart A—General Rules of Practice
47 CFR Part 1 Office of Management and Budget and Procedure
(OMB) guidance. OMB issued guidance
[DA 18–12] on December 15, 2017, and this Order ■ 2. Section 1.80 is amended by revising
follows that guidance. We therefore the table in Section III of the note to
Annual Adjustment of Civil Monetary update the civil monetary penalties set paragraph (b)(8) and revising paragraph
Penalties To Reflect Inflation forth in the Commission’s rules, to (b)(9) to read as follows:
AGENCY: Federal Communications reflect an annual inflation adjustment
§ 1.80 Forfeiture proceedings.
Commission. that derives from OMB’s cost-of-living
multiplier of 1.02041. * * * * *
ACTION: Final rule.
(b) * * *
SUMMARY: The Federal Civil Penalties Paperwork Reduction Act (8) * * *
Inflation Adjustment Act Improvements This document does not contain new Note to paragraph (b)(8) * * *
Act of 2015 (the 2015 Inflation or modified information collection Section III. Non-Section 503
Adjustment Act) requires the Federal requirements subject to the Paperwork Forfeitures That Are Affected by the
Communications Commission to amend Reduction Act of 1995 (PRA), Public Downward Adjustment Factors
its forfeiture penalty rules to reflect Law 104–13. In addition, therefore, it * * * * *
Statutory amount
Violation ($)
Sec. 202(c) Common Carrier Discrimination ........................................... $11,784, $589/day.
Sec. 203(e) Common Carrier Tariffs ........................................................ $11,784, $589/day.
Sec. 205(b) Common Carrier Prescriptions ............................................. $23,566.
Sec. 214(d) Common Carrier Line Extensions ........................................ $2,356/day.
daltland on DSKBBV9HB2PROD with RULES
Sec. 219(b) Common Carrier Reports ..................................................... $2,356/day.
Sec. 220(d) Common Carrier Records & Accounts ................................. $11,784/day.
Sec. 223(b) Dial-a-Porn ............................................................................ $122,110/day.
Sec. 227(e) Caller Identification ............................................................... $11,278/violation.
$33,833/day for each day of continuing violation, up to $1,127,799 for
any single act or failure to act.
Sec. 364(a) Forfeitures (Ships) ................................................................ $9,819/day (owner).
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![Federal Register / Vol. 83, No. 22 / Thursday, February 1, 2018 / Rules and Regulations 4601
Statutory amount
Violation ($)
Sec. 364(b) Forfeitures (Ships) ................................................................ $1,964 (vessel master).
Sec. 386(a) Forfeitures (Ships) ................................................................ $9,819/day (owner).
Sec. 386(b) Forfeitures (Ships) ................................................................ $1,964 (vessel master).
Sec. 634 Cable EEO ................................................................................ $870/day.
(9) Inflation adjustments to the Maximum SUPPLEMENTARY INFORMATION:
maximum forfeiture amount. (i) U.S. Code citation penalty after 2018
General Background
inflation
Pursuant to the Federal Civil Penalties
adjustment Black sea bass are jointly managed by
Inflation Adjustment Act Improvements
Act of 2015, Public Law 114–74 (129 the Mid-Atlantic Fishery Management
47 U.S.C. 507(a) ............ 1,945
Stat. 599–600), which amends the 47 U.S.C. 507(b) ............ 285 Council (Council) and the Atlantic
Federal Civil Monetary Penalty Inflation 47 U.S.C. 554 ................. 870 States Marine Fisheries Commission
Adjustment Act of 1990, Public Law (Commission) as part of the joint
101–410 (104 Stat. 890; 28 U.S.C. 2461 * * * * * Summer Flounder, Scup, and Black Sea
note), the statutory maximum amount of [FR Doc. 2018–01990 Filed 1–31–18; 8:45 am] Bass Fishery Management Plan (FMP).
a forfeiture penalty assessed under this BILLING CODE 6712–01–P States manage black sea bass within 3
section shall be adjusted annually for nautical miles (4.83 km) of their coasts
inflation by order published no later under the Commission’s plan. The
than January 15 each year. Annual DEPARTMENT OF COMMERCE applicable Federal regulations govern
inflation adjustments will be based on vessels and individual anglers fishing in
the percentage (if any) by which the National Oceanic and Atmospheric Federal waters of the exclusive
CPI–U for October preceding the date of Administration economic zone (EEZ), as well as vessels
the adjustment exceeds the prior year’s possessing a Federal black sea bass
CPI–U for October. The Office of 50 CFR Part 648 charter/party vessel permit, regardless
Management and Budget (OMB) will of where they fish. This rule applies to
[Docket No. 171023999–8070–02]
issue adjustment rate guidance no later black sea bass (Centropristis striata) in
than December 15 each year to adjust for RIN 0648–BH35 U.S. waters of the Atlantic Ocean from
inflation in the CPI–U as of the most 35 E 13.3′ N lat. (the latitude of Cape
recent October. Fisheries of the Northeastern United Hatteras Lighthouse, Buxton, North
(ii) The application of the annual States; Black Sea Bass Fishery; 2018 Carolina) northward to the U.S./Canada
inflation adjustment required by the February Recreational Season border.
foregoing Federal Civil Penalties Modification This action implements the addition
Inflation Adjustment Act Improvements of a Federal recreational black sea bass
AGENCY: National Marine Fisheries
Act of 2015 results in the following fishing season during February of 2018.
Service (NMFS), National Oceanic and
adjusted statutory maximum forfeitures Additional background information
Atmospheric Administration (NOAA),
authorized by the Communications Act: regarding the development of this action
Commerce.
was provided in the proposed rule (83
ACTION: Final rule.
Maximum FR 780; January 8, 2018) and is not
penalty after 2018 repeated here. The Federal recreational
U.S. Code citation SUMMARY: NMFS is implementing
inflation measures for the remainder of 2018 are
adjustment regulations to open a 2018 February
recreational season in the Federal black still in development and will be
47 U.S.C. 202(c) ............. $11,784 sea bass fishery. This action provides implemented through a separate
589 additional recreational fishing rulemaking later this spring.
47 U.S.C. 203(e) ............ 11,784 opportunities in winter, while
589
Final Action
maintaining management measures to
47 U.S.C. 205(b) ............ 23,566
prevent overfishing consistent with the This action implements a 28-day
47 U.S.C. 214(d) ............ 2,356 winter season for the 2018 recreational
47 U.S.C. 219(b) ............ 2,356 Summer Flounder, Scup, and Black Sea
Bass Fishery Management Plan. This black sea bass fishery during the month
47 U.S.C. 220(d) ............ 11,784 of February. The current black sea bass
47 U.S.C. 223(b) ............ 122,110 rule is intended to inform the public of
this new 2018 recreational season. recreational management measures of a
47 U.S.C. 227(e) ............ 11,278
33,833 12.5-inch (31.75-cm) minimum size and
DATES: Effective February 1 through
1,127,799 15-fish possession limit still apply
February 28, 2018. during this February season. As
47 U.S.C. 362(a) ............ 9,819
47 U.S.C. 362(b) ............ 1,964 ADDRESSES: Copies of the explained in the proposed rule, this
47 U.S.C. 386(a) ............ 9,819 Environmental Assessment (EA), action responds to the favorable 2016
47 U.S.C. 386(b) ............ 1,964 Regulatory Flexibility Act Analyses, and benchmark stock assessment for black
47 U.S.C. 503(b)(2)(A) ... 49,096 other supporting documents for the sea bass, and is intended to increase
490,967 action are available upon request from recreational fishing access to a stable
47 U.S.C. 503(b)(2)(B) ... 196,387 Dr. Christopher M. Moore, Executive
daltland on DSKBBV9HB2PROD with RULES
stock at a time of year when few other
1,963,870 Director, Mid-Atlantic Fishery
47 U.S.C. 503(b)(2)(C) ... 397,251 recreational species are available.
Management Council, Suite 201, 800 N. Two states, North Carolina and
3,666,930
State Street, Dover, DE 19901. Virginia, have formally declared their
47 U.S.C. 503(b)(2)(D) ... 19,639
147,290 FOR FURTHER INFORMATION CONTACT: intent to participate in the February
47 U.S.C. 503(b)(2)(F) ... 112,780 Cynthia Hanson, Fishery Management 2018 recreational season. To confirm
1,127,799 Specialist, (978) 281–9180. their participation, both states
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Document Created: 2018-10-26 13:47:45
Document Modified: 2018-10-26 13:47:45
| 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 | Effective February 1, 2018. | |
| Contact | Lisa Gelb, Enforcement Bureau, 202- 418-1479. | |
| FR Citation | 83 FR 4600 | |
| CFR Associated | Administrative Practice and Procedure and Penalties |
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