Inflation Adjustment of Civil Monetary Penalties; Correction, 74720-74721 [2011-29486]
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Federal Register / Vol. 76, No. 231 / Thursday, December 1, 2011 / Rules and Regulations
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David L. Miller,
Associate Administrator, Federal Insurance
and Mitigation Administration, Department
of Homeland Security, Federal Emergency
Management Agency.
[FR Doc. 2011–30909 Filed 11–30–11; 8:45 am]
BILLING CODE 9111–12–P
FEDERAL MARITIME COMMISSION
46 CFR Part 506
[Docket No. 09–04]
RIN 3072–AC36
Inflation Adjustment of Civil Monetary
Penalties; Correction
Federal Maritime Commission.
ACTION: Correcting amendments.
AGENCY:
The Federal Maritime
Commission is correcting information
contained in a table in a rule published
in the Federal Register of Friday, July
31, 2009 (74 FR 38114). The rule adjusts
for inflation the maximum amount of
each statutory civil penalty subject to
Federal Maritime Commission
jurisdiction, in accordance with the
requirements of the Federal Civil
emcdonald on DSK5VPTVN1PROD with RULES
SUMMARY:
VerDate Mar<15>2010
17:21 Nov 30, 2011
Jkt 226001
Penalties Inflation Adjustment Act of
1990, as amended by the Debt
Collection Improvement Act of 1996.
DATES: December 1, 2011.
FOR FURTHER INFORMATION CONTACT:
Rebecca A. Fenneman, General Counsel,
(202) 523–5740.
SUPPLEMENTARY INFORMATION: The final
regulation that is the subject of these
corrections appears at 46 CFR 506.4(d),
in a table setting out adjustments based
on inflation for maximum civil
monetary penalties within the
jurisdiction of the Federal Maritime
Commission. These corrections change
the third United States Code citation
and the civil monetary penalty
description, associated with violations
of the Shipping Act of 1984,
Commission regulations or orders,
which are not done knowingly and
willfully. The United States Code
citation associated with violations of the
Shipping Act that are not committed
knowingly and willfully is currently
incorrectly shown in the table as 46
U.S.C. 41107(b), rather than as 46 U.S.C.
41107(a). In addition, the civil monetary
penalty description incorrectly
describes the violations as ‘‘not knowing
PO 00000
Frm 00096
Fmt 4700
Sfmt 4700
or willful,’’ rather than as ‘‘not knowing
and willful.’’ These corrections clarify
that the correct United States Code
citation is 46 U.S.C. 41107(a), and the
correct violation description is ‘‘not
knowing and willful.’’
List of Subjects in 46 CFR Part 506
Administrative practice and
procedure, Penalties.
Accordingly, 46 CFR Part 506 is
corrected by making the following
correcting amendments:
PART 506—CIVIL MONETARY
PENALTY INFLATION ADJUSTMENT
1. The authority citation for part 506
continues to read as follows:
■
Authority: 28 U.S.C. 2461.
2. In § 506.4, revise paragraph (d) to
read as follows:
■
§ 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:
E:\FR\FM\01DER1.SGM
01DER1
74721
Federal Register / Vol. 76, No. 231 / Thursday, December 1, 2011 / Rules and Regulations
Current
maximum
penalty
amount
United States Code citation
Civil monetary penalty description
46 U.S.C. 42304 ..............................
46 U.S.C. 41107(a) ..........................
46 U.S.C. 44103 ..............................
Adverse impact on U.S. carriers by foreign shipping practices ................
Knowing and willful violation/Shipping Act of 1984, or Commission regulation or order.
Violation of Shipping Act of 1984, Commission regulation or order, not
knowing and willful.
Operating in foreign commerce after tariff suspension .............................
Failure to provide required reports, etc./Merchant Marine Act of 1920 ....
Adverse shipping conditions/Merchant Marine Act of 1920 .....................
Operating after tariff or service contract suspension/Merchant Marine
Act of 1920.
Failure to establish financial responsibility for non-performance of transportation.
Failure to establish financial responsibility for death or injury ..................
31 U.S.C. 3802(a)(1) .......................
31 U.S.C. 3802(a)(2) .......................
Program Fraud Civil Remedies Act/makes false claim ............................
Program Fraud Civil Remedies Act/giving false statement ......................
46 U.S.C. 41107(a) ..........................
46
46
46
46
U.S.C.
U.S.C.
U.S.C.
U.S.C.
41108(b) ..........................
42104 ..............................
42106 ..............................
42108 ..............................
46 U.S.C. 44102 ..............................
By the Commission.
Karen V. Gregory,
Secretary.
[FR Doc. 2011–29486 Filed 11–30–11; 8:45 am]
BILLING CODE 6730–01–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Parts 0 and 8
[WC Docket No. 07–52, GN Docket No. 09–
191; Report No. 2936]
Preserving the Open Internet
Federal Communications
Commission.
ACTION: Final rule; petition for
reconsideration.
AGENCY:
emcdonald on DSK5VPTVN1PROD with RULES
VerDate Mar<15>2010
17:21 Nov 30, 2011
Jkt 226001
1,175,000
30,000
1,500,000
40,000
6,000
8,000
60,000
6,000
1,175,000
60,000
75,000
8,000
1,500,000
75,000
6,000
220
6,000
220
6,000
6,000
8,000
300
8,000
300
8,000
8,000
such providers on commercially
reasonable terms and conditions, subject
to certain limitations, thereby advancing
the Commission’s goal of ensuring that
all Americans have access to
competitive broadband mobile data
services.
Oppositions to the Petition must
be filed by December 16, 2011. Replies
to an opposition must be filed December
27, 2011.
DATES:
Federal Communications
Commission, 445 12th Street SW.,
Washington, DC 20554.
ADDRESSES:
Federal Communications Commission.
Marlene H. Dortch,
Secretary, Office of the Secretary, Office of
Managing Director.
In this document, a Petition
for Reconsideration (Petition) has been
filed in the Commission’s Rulemaking
proceeding concerning a rule
establishing protections for broadband
service to preserve and reinforce
Internet freedom and openness.
DATES: Oppositions to the Petition must
be filed by December 16, 2011. Replies
to an opposition must be filed December
27, 2011.
ADDRESSES: Federal Communications
Commission, 445 12th Street SW.,
Washington, DC 20554.
FOR FUTHER INFORMATION CONTACT:
Matthew Warner, Wireline Competition
Bureau, (202) 418–2419.
SUPPLEMENTARY INFORMATION: This is a
summary of the Commission’s
document, Report No. 2936, released
November 14, 2011. The full text of this
document is available for viewing and
copying in Room CY–B402, 445 12th
Street SW., Washington, DC or may be
purchased from the Commission’s copy
contractor, Best Copy and Printing, Inc.
SUMMARY:
(BCPI) (1–(800) 378–3160). The
Commission will not send a copy of this
Notice pursuant to the Congressional
Review Act, 5 U.S.C. 801(a)(1)(A),
because this Notice does not have an
impact on any rules of particular
applicability.
Subject: In the Matter of Preserving
the Open Internet, Broadband Industry
Practices, published at 76 FR 59192,
September 23, 2011, in WC Docket No.
07–52, GN Docket No. 09–191, and
published pursuant to 47 CFR 1.429(e).
See 1.4(b)(1) of the Commission’s rules
(47 CFR 1.4(b)(1)).
Number of Petitions Filed: 1.
New adjusted
maximum
penalty
amount
FOR FURTHER INFORMATION CONTACT:
[FR Doc. 2011–30643 Filed 11–30–11; 8:45 am]
SUPPLEMENTARY INFORMATION:
BILLING CODE 6712–01–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 20
[WT Docket No. 05–265; Report No. 2938]
Reexamination of Roaming Obligations
of Commercial Mobile Radio Service
Providers and Other Providers of
Mobile Data Services
Federal Communications
Commission.
ACTION: Final rule; petition for
reconsideration.
AGENCY:
In this document, a Petition
for Reconsideration (Petition) has been
filed in the Commission’s Rulemaking
proceeding concerning a rule that
requires facilities-based providers of
commercial mobile data services to offer
data roaming arrangements to other
SUMMARY:
PO 00000
Frm 00097
Fmt 4700
Sfmt 4700
Peter Trachtenberg, Wireless
Telecommunications Bureau, (202) 418–
7369.
This is a
summary of Commission’s document,
Report No. 2938, released November 21,
2011. The full text of this document is
available for viewing and copying in
Room CY–B402, 445 12th Street SW.,
Washington, DC or may be purchased
from the Commission’s copy contractor,
Best Copy and Printing, Inc. (BCPI) (1–
(800) 378–3160). The Commission will
not send a copy of this Notice pursuant
to the Congressional Review Act, 5
U.S.C. 801(a)(1)(A), because this Notice
does not have an impact on any rules of
particular applicability.
Subject: In the Matter of
Reexamination of Roaming Obligations
of Commercial Mobile Radio Service
Providers and Other Providers of Mobile
Data Services, published at 76 FR
26199, May 6, 2011, in WT Docket No.
05–265, and published pursuant to 47
CFR 1.429(e). See 1.4(b)(1) of the
Commission’s rules (47 CFR 1.4(b)(1)).
Number of Petitions Filed: 1.
E:\FR\FM\01DER1.SGM
01DER1
Agencies
[Federal Register Volume 76, Number 231 (Thursday, December 1, 2011)]
[Rules and Regulations]
[Pages 74720-74721]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-29486]
=======================================================================
-----------------------------------------------------------------------
FEDERAL MARITIME COMMISSION
46 CFR Part 506
[Docket No. 09-04]
RIN 3072-AC36
Inflation Adjustment of Civil Monetary Penalties; Correction
AGENCY: Federal Maritime Commission.
ACTION: Correcting amendments.
-----------------------------------------------------------------------
SUMMARY: The Federal Maritime Commission is correcting information
contained in a table in a rule published in the Federal Register of
Friday, July 31, 2009 (74 FR 38114). The rule adjusts for inflation the
maximum amount of each statutory civil penalty subject to Federal
Maritime Commission jurisdiction, in accordance with the requirements
of the Federal Civil Penalties Inflation Adjustment Act of 1990, as
amended by the Debt Collection Improvement Act of 1996.
DATES: December 1, 2011.
FOR FURTHER INFORMATION CONTACT: Rebecca A. Fenneman, General Counsel,
(202) 523-5740.
SUPPLEMENTARY INFORMATION: The final regulation that is the subject of
these corrections appears at 46 CFR 506.4(d), in a table setting out
adjustments based on inflation for maximum civil monetary penalties
within the jurisdiction of the Federal Maritime Commission. These
corrections change the third United States Code citation and the civil
monetary penalty description, associated with violations of the
Shipping Act of 1984, Commission regulations or orders, which are not
done knowingly and willfully. The United States Code citation
associated with violations of the Shipping Act that are not committed
knowingly and willfully is currently incorrectly shown in the table as
46 U.S.C. 41107(b), rather than as 46 U.S.C. 41107(a). In addition, the
civil monetary penalty description incorrectly describes the violations
as ``not knowing or willful,'' rather than as ``not knowing and
willful.'' These corrections clarify that the correct United States
Code citation is 46 U.S.C. 41107(a), and the correct violation
description is ``not knowing and willful.''
List of Subjects in 46 CFR Part 506
Administrative practice and procedure, Penalties.
Accordingly, 46 CFR Part 506 is corrected by making the following
correcting amendments:
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. In Sec. 506.4, revise 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:
[[Page 74721]]
----------------------------------------------------------------------------------------------------------------
Current New adjusted
United States Code citation Civil monetary penalty description maximum maximum
penalty amount penalty amount
----------------------------------------------------------------------------------------------------------------
46 U.S.C. 42304............................ Adverse impact on U.S. carriers by 1,175,000 1,500,000
foreign shipping practices.
46 U.S.C. 41107(a)......................... Knowing and willful violation/ 30,000 40,000
Shipping Act of 1984, or
Commission regulation or order.
46 U.S.C. 41107(a)......................... Violation of Shipping Act of 1984, 6,000 8,000
Commission regulation or order,
not knowing and willful.
46 U.S.C. 41108(b)......................... Operating in foreign commerce after 60,000 75,000
tariff suspension.
46 U.S.C. 42104............................ Failure to provide required 6,000 8,000
reports, etc./Merchant Marine Act
of 1920.
46 U.S.C. 42106............................ Adverse shipping conditions/ 1,175,000 1,500,000
Merchant Marine Act of 1920.
46 U.S.C. 42108............................ Operating after tariff or service 60,000 75,000
contract suspension/Merchant
Marine Act of 1920.
46 U.S.C. 44102............................ Failure to establish financial 6,000 8,000
responsibility for non-performance 220 300
of transportation.
46 U.S.C. 44103............................ Failure to establish financial 6,000 8,000
responsibility for death or injury. 220 300
31 U.S.C. 3802(a)(1)....................... Program Fraud Civil Remedies Act/ 6,000 8,000
makes false claim.
31 U.S.C. 3802(a)(2)....................... Program Fraud Civil Remedies Act/ 6,000 8,000
giving false statement.
----------------------------------------------------------------------------------------------------------------
By the Commission.
Karen V. Gregory,
Secretary.
[FR Doc. 2011-29486 Filed 11-30-11; 8:45 am]
BILLING CODE 6730-01-P