Inflation Adjustment of Civil Monetary Penalties, 37662-37664 [2014-15533]
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Federal Register / Vol. 79, No. 127 / Wednesday, July 2, 2014 / Rules and Regulations
This 30-day delay in effective date can
be waived, however, if an agency finds
for good cause that the delay is
impracticable, unnecessary, or contrary
to the public interest, and the agency
incorporates a statement of the findings
and its reasons in the rule issued.
This document merely corrects
technical errors related to one provision
in the Program Integrity: Exchange,
Premium Stabilization Programs, and
Market Standards; Amendments to the
HHS Notice of Benefit and Payment
Parameters for 2014 final rule that was
published on October 30, 2013 and
became effective on December 30, 2013.
The changes are not substantive changes
to the standards set forth in the final
rule. Therefore, we believe that
undertaking further notice and comment
procedures to incorporate these
corrections and delay the effective date
for these changes is unnecessary. In
addition, we believe it is important for
the public to have the correct
information as soon as possible, and
believe it is contrary to the public
interest to delay when they become
effective. For the reasons stated
previously, we find there is good cause
to waive notice and comment
procedures and the 30-day delay in the
effective date for this correction notice.
List of Subjects in 45 CFR Part 153
Administrative practice and
procedure, Adverse selection, Health
care, Health insurance, Health records,
Organization and functions
(Government agencies), Premium
stabilization, Reporting and
recordkeeping requirements,
Reinsurance, Risk adjustment, Risk
corridors, Risk mitigation, State and
local governments.
Accordingly, the Department of
Health and Human Services is making
the following correcting amendment to
45 CFR part 153.
PART 153—STANDARDS RELATED TO
REINSURANCE, RISK CORRIDORS,
AND RISK ADJUSTMENT UNDER THE
AFFORDABLE CARE ACT
1. The authority citation for part 153
continues to read as follows:
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■
Authority: Secs. 1311, 1321, 1341–1343,
Pub. L. 111–148, 24 Stat. 119.
§ 153.530
[Corrected]
2. In § 153.530, remove paragraphs
(b)(1)(i) and (b)(1)(ii).
■
VerDate Mar<15>2010
16:56 Jul 01, 2014
Jkt 232001
Dated: June 25, 2014.
C’Reda Weeden,
Executive Secretary to the Department,
Department of Health and Human Services.
[FR Doc. 2014–15560 Filed 7–1–14; 8:45 am]
BILLING CODE 4120–01–P
FEDERAL MARITIME COMMISSION
46 CFR Part 506
[Docket No. 14–07]
RIN 3072–AC55
Inflation Adjustment of Civil Monetary
Penalties
Federal Maritime Commission.
Final rule.
AGENCY:
ACTION:
This rule implements the
Federal Civil Penalties Inflation
Adjustment Act of 1990, as amended by
the Debt Collection Improvement Act of
1996. The rule adjusts for inflation the
maximum amount of each statutory civil
penalty subject to Federal Maritime
Commission (Commission) jurisdiction
in accordance with the requirements of
that Act.
DATES: Effective July 11, 2014.
FOR FURTHER INFORMATION CONTACT:
Karen V. Gregory, Secretary, Federal
Maritime Commission, 800 North
Capitol Street NW., Room 1046,
Washington, DC 20573, (202) 523–5725.
SUPPLEMENTARY INFORMATION: This rule
implements the Debt Collection
Improvement Act of 1996 (DCIA), Public
Law 104–134, Title III, section
31001(s)(1), April 26, 1996, 110 Stat.
1321–373. The DCIA amended the
Federal Civil Penalties Inflation
Adjustment Act of 1990 (FCPIAA),
Public Law 101–410, Oct. 5, 1990, 104
Stat. 890, 28 U.S.C. 2461 note, to require
the head of each executive agency to
adopt regulations that adjust the
maximum civil monetary penalties
(CMPs) assessable under its agency’s
jurisdiction at least every four years to
ensure that they continue to maintain
their deterrent value.1 The Commission
last adjusted each CMP subject to its
jurisdiction effective July 31, 2009. (74
FR 38114, July 28, 2009).
The inflation adjustment under the
FCPIAA is to be determined by
increasing the maximum CMP by the
cost-of-living, rounded off as set forth in
section 5(a) of that Act. The cost-ofliving adjustment is the percentage (if
any) for each CMP by which the
Consumer Price Index (CPI) 2 for the
SUMMARY:
1 Increased CMPS are applicable only to
violations occurring after the increase takes effect.
2 The CPI defined in the FCPIAA is the U.S.
Department of Labor’s Consumer Price Index for all-
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Fmt 4700
Sfmt 4700
month of June of the calendar year
preceding the adjustment, exceeds the
CPI for the month of June of the
calendar year in which the amount of
such CMP was last set or adjusted
pursuant to law.
One example of an inflation
adjustment is as follows. Section 13 of
the Shipping Act of 1984 (1984 Act), 46
U.S.C. 41107, imposes a maximum
$25,000 penalty for a knowing and
willful violation of the 1984 Act which
was inflation adjusted in 2009 to
$40,000. First, to calculate the new CMP
amounts under the amendment, we
determine the appropriate CPI–U for
June of the calendar year preceding the
adjustment. Given that we are adjusting
the CMPs in 2013, we use the CPI–U for
June of 2012, which was 229.478. The
CPI–U for June of the year the CMP was
last adjusted for inflation must also be
determined. The Commission last
adjusted this CMP in 2009, therefore we
use the CPI–U for June of 2009, which
was 215.693. Using those figures, we
calculate the cost-of-living adjustment
by dividing the CPI–U for June of 2012
(229.478) by the CPI–U for June of 2009
(215.693). Our result is 1.0639.
Second, we calculate the raw inflation
adjustment (the inflation adjustment
prior to rounding) by multiplying the
maximum penalty amount by the costof-living adjustment. In our example,
$40,000 multiplied by the cost-of-living
adjustment of 1.0639 equals $42,556.
Third, we use the rounding rules set
forth in Section 5(a) of the FCIPAA. In
order to round only the increase
amount, we subtract the current
maximum penalty amount ($40,000)
from the raw maximum inflation
adjustment ($42,556), equaling $2,556.
Under Section 5(a), if the penalty is
greater than $10,000 but less than or
equal to $100,000, we round the
increase to the nearest multiple of
$5,000. Therefore, the maximum
penalty increase in our example is
$5,000.
Finally, the rounded increase is added
to the maximum penalty amount last set
or adjusted. Here, $40,000 plus $5,000
equals a maximum inflation adjustment
penalty amount of $45,000.
A similar calculation was done with
respect to each CMP subject to the
jurisdiction of the Commission. In
compliance with the FCPIAA, as
amended, the Commission is hereby
amending 46 CFR 506.4(d) of its
regulations which sets forth the newly
adjusted maximum penalty amounts.
This final rule has been issued
without prior public notice or
urban consumers (‘‘CPI–U’’). 28 U.S.C. 2461 note
(3)(3).
E:\FR\FM\02JYR1.SGM
02JYR1
Federal Register / Vol. 79, No. 127 / Wednesday, July 2, 2014 / Rules and Regulations
opportunity for public comment. Under
the Administrative Procedure Act
(APA), 5 U.S.C. § 553(b)(B), a final rule
may be issued without that process
‘‘when the agency for good cause finds
(and incorporates the finding and a brief
statement of reasons therefore in the
rules issued) that notice and public
procedure thereon are impracticable,
unnecessary, or contrary to the public
interest.’’ In this instance, the
Commission finds, for good cause, that
solicitation of public comment on this
final rule is unnecessary and
impractical.
Specifically, the Congress has
mandated that the agency periodically
make the inflation adjustments and does
not allow for the exercise of
Commission discretion regarding the
substance of the adjustments. The
Commission, under the DCIA, is
required to make the adjustment to the
civil monetary penalties according to a
formula specified in the statute. The
regulation requires ministerial,
technical computations that are
noncontroversial. Moreover, the
conduct underlying the penalties is
already illegal under existing law, and
there is no need to provide thirty days
prior to the effectiveness of the
regulation and amendments to allow for
affected parties to correct their conduct.
Accordingly, the Commission believes
that there is good cause to make this
regulation effective immediately upon
publication.
The Regulatory Flexibility Act (RFA),
as amended by the Small Business
Regulatory Enforcement Fairness Act of
1996, 5 U.S.C. 801 et seq., generally
requires an agency to prepare a
regulatory flexibility analysis of any rule
subject to notice and comment
rulemaking requirements, unless the
agency certifies that the rule will not
have a significant economic impact on
a substantial number of small entities.
Because the Commission has
determined that notice and comment are
not required under the APA for this
rulemaking, the requirements of the
RFA do not apply and no regulatory
flexibility analysis was prepared.
The rule does not contain any
collection of information requirements
as defined by the Paperwork Reduction
Act of 1995, as amended. Therefore,
Office of Management and Budget
review is not required.
This regulatory action is not a major
rule as defined under 5 U.S.C. 804(2).
List of Subjects in 46 CFR Part 506
Administrative practice and
procedure, Penalties.
Part 506 of title 46 of the Code of
Federal Regulations is amended as
follows:
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
thejurisdiction of the Federal Maritime
Commission are adjusted for inflation as
follows:
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. 44102 .................
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
46 U.S.C. 44103 .................
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(b) .............
46
46
46
46
U.S.C.
U.S.C.
U.S.C.
U.S.C.
41108(b) .............
42104 .................
42106 .................
42108 .................
By the Commission.
Karen V. Gregory,
Secretary.
[FR Doc. 2014–15533 Filed 7–1–14; 8:45 am]
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BILLING CODE 6730–01–P
3 Application of the statutory rounding resulted
in no increase to these penalties.
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16:56 Jul 01, 2014
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4 Application of the statutory rounding resulted
in no increase to these penalties.
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37663
E:\FR\FM\02JYR1.SGM
02JYR1
New adjusted
maximum
penalty
amount
1,500,000
40,000
1,600,000
45,000
8,000
9,000
75,000
8,000
1,500,000
75,000
80,000
$9,000
1,600,000
80,000
8,000
300
8,000
300
8,000
8,000
9,000
3 300
9,000
4 300
9,000
9,000
37664
Federal Register / Vol. 79, No. 127 / Wednesday, July 2, 2014 / Rules and Regulations
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
49 CFR Part 233
[Docket No. FRA–2012–0104, Notice No. 2]
RIN 2130–AC44
Signal Systems Reporting
Requirements
Federal Railroad
Administration (FRA), Department of
Transportation (DOT).
ACTION: Final rule.
AGENCY:
FRA is issuing this final rule
as part of a paperwork reduction
initiative. The final rule eliminates the
regulatory requirement that each
railroad carrier file a signal system
status report with FRA every five years.
FRA believes the report is no longer
necessary because FRA receives more
updated information regarding railroad
signal systems through alternative
sources. Separately, FRA is amending
the criminal penalty provision in the
Signal Systems Reporting Requirements
by updating two outdated statutory
citations.
SUMMARY:
This final rule is effective on
September 2, 2014. Petitions for
reconsideration must be received by
August 21, 2014. Comments in response
to petitions for reconsideration must be
received by October 6, 2014.
ADDRESSES: Petitions for reconsideration
and comments on petitions for
reconsideration: Any petitions for
reconsideration or comments on
petitions for reconsideration related to
this Docket No. FRA–2012–0104, Notice
No. 2 may be submitted by any of the
following methods:
• Federal eRulemaking Portal: Go to
www.Regulations.gov. Follow the online
instructions for submitting comments.
• Mail: Docket Management Facility,
U.S. Department of Transportation,
Room W12–140, 1200 New Jersey
Avenue SE., Washington, DC 20590–
0001.
• Hand Delivery: Docket Management
Facility, U.S. Department of
Transportation, West Building, Ground
floor, Room W12–140, 1200 New Jersey
Avenue SE., Washington, DC, between 9
a.m. and 5 p.m. ET, Monday through
Friday, except Federal holidays.
• Fax: (202) 493–2251. Instructions:
All submissions must include the
agency name and docket number or
Regulatory Identification Number (RIN)
for this rulemaking.
Please note that all petitions for
reconsideration of this final rule and
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DATES:
VerDate Mar<15>2010
17:34 Jul 01, 2014
Jkt 232001
comments on the petitions that are
received will be posted without change
to www.Regulations.gov, including any
personal information provided. Please
see the discussion under the Privacy Act
heading in the SUPPLEMENTARY
INFORMATION section of this document.
Docket: For access to the docket to
read background documents or
comments received, go to
www.Regulations.gov at any time or
visit the Docket Management Facility,
U.S. Department of Transportation,
West Building, Ground floor, Room
W12–140, 1200 New Jersey Avenue SE.,
Washington, DC between 9 a.m. and 5
p.m. ET, Monday through Friday, except
Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Sean Crain, Electronic Engineer, Signal
and Train Control Division, Office of
Railroad Safety, FRA, W35–226, 1200
New Jersey Avenue SE., Washington,
DC 20590 (telephone: (202) 493–6257),
sean.crain@dot.gov, or Stephen N.
Gordon, Trial Attorney, Office of Chief
Counsel, FRA, W31–209, 1200 New
Jersey Avenue SE., Washington, DC
20590 (telephone: (202) 493–6001),
stephen.n.gordon@dot.gov.
SUPPLEMENTARY INFORMATION:
I. Explanation of Regulatory Action
A. Elimination of the Signal System
Five-[Y]ear Report
On May 14, 2012, President Obama
issued Executive Order (E.O.) 13610—
Identifying and Reducing Regulatory
Burdens, which seeks ‘‘to modernize
our regulatory system and to reduce
unjustified regulatory burdens and
costs.’’ See 77 FR 28469. The E.O.
directs each executive agency to
conduct retrospective reviews of its
regulatory requirements to identify
potentially beneficial modifications to
regulations. Executive agencies are to
‘‘give priority, consistent with the law,
to those initiatives that will produce
significant quantifiable monetary
savings or significant quantifiable
reductions in paperwork burdens while
protecting public health, welfare, safety
and our environment.’’ See id. at 28470.
FRA initiated a review of its existing
regulations in accordance with E.O.
13610 and the Paperwork Reduction Act
of 1995, 44 U.S.C. 3501 et seq., with the
goal of identifying regulations that can
be amended or eliminated, thereby
reducing the paperwork and reporting
burden on railroad carriers (railroads)
that are subject to FRA jurisdiction. One
area where FRA believes it can help
reduce the railroad industry’s reporting
burden is by eliminating the
requirement to file a ‘‘Signal System
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Frm 00048
Fmt 4700
Sfmt 4700
Five-Year Report.’’ 49 CFR 233.9
(§ 233.9). Accordingly, FRA proposed to
do so in a notice of proposed
rulemaking (NPRM) published June 19,
2013. See 78 FR 36738.
Having considered the public
comments on the NPRM, FRA is issuing
this final rule, which eliminates the
requirement in § 233.9 that each carrier
subject to the Signal Systems Reporting
Requirements at 49 CFR part 233 (part
233) complete and submit a ‘‘Signal
System Five-Year Report’’ (Form FRA
F6180.47) in accordance with the
instructions and definitions on the form.
Part 233 applies to railroads that operate
on standard gage track that is part of the
general railroad system of
transportation, except for rail rapid
transit operations conducted over track
that is used exclusively for that purpose
and that is not part of the general
railroad system of transportation. See 49
CFR 233.3, Application; see also 49 CFR
part 209, app. A, and part 211, app. A,
for discussions of the term ‘‘general
railroad system of transportation[.]’’
The information reported on FRA
Form F6180.47 is intended to update
FRA on the status of the railroad’s signal
system. It provides a snapshot of each
reporting railroad’s signal system every
five years, and FRA has historically
used the report as a source to monitor
changes to signal systems among the
Nation’s railroads. In particular, the
report provides information such as the
total road and track mileage for each
method of train operation on the
reporting railroad (i.e., traffic control,
automatic block, timetable and train
orders, and non-automatic block) and
the total number of interlockings,
controlled points, and switch
arrangements maintained by the
reporting railroad. The report also
provides information on the total road
and track mileage and the total number
of locomotives and motor cars
(including multiple unit cars) with
automatic train stop, train control, and
cab signal systems on the line of the
reporting railroad, including foreign
locomotives and ‘‘motor cars’’ that
operate over these installations.
Prior to April 1, 1997, carriers were
required to submit a ‘‘Signal System
Annual Report’’ by April 15 of each
year. However, based on a regulatory
review, FRA extended the reporting
requirement to every five years rather
than annually. See 61 FR 33871 (July 1,
1996). FRA determined that a five-year
reporting period would significantly
E:\FR\FM\02JYR1.SGM
02JYR1
]]>Agencies
[Federal Register Volume 79, Number 127 (Wednesday, July 2, 2014)]
[Rules and Regulations]
[Pages 37662-37664]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-15533]
=======================================================================
-----------------------------------------------------------------------
FEDERAL MARITIME COMMISSION
46 CFR Part 506
[Docket No. 14-07]
RIN 3072-AC55
Inflation Adjustment of Civil Monetary Penalties
AGENCY: Federal Maritime Commission.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This rule implements the Federal Civil Penalties Inflation
Adjustment Act of 1990, as amended by the Debt Collection Improvement
Act of 1996. The rule adjusts for inflation the maximum amount of each
statutory civil penalty subject to Federal Maritime Commission
(Commission) jurisdiction in accordance with the requirements of that
Act.
DATES: Effective July 11, 2014.
FOR FURTHER INFORMATION CONTACT: Karen V. Gregory, Secretary, Federal
Maritime Commission, 800 North Capitol Street NW., Room 1046,
Washington, DC 20573, (202) 523-5725.
SUPPLEMENTARY INFORMATION: This rule implements the Debt Collection
Improvement Act of 1996 (DCIA), Public Law 104-134, Title III, section
31001(s)(1), April 26, 1996, 110 Stat. 1321-373. The DCIA amended the
Federal Civil Penalties Inflation Adjustment Act of 1990 (FCPIAA),
Public Law 101-410, Oct. 5, 1990, 104 Stat. 890, 28 U.S.C. 2461 note,
to require the head of each executive agency to adopt regulations that
adjust the maximum civil monetary penalties (CMPs) assessable under its
agency's jurisdiction at least every four years to ensure that they
continue to maintain their deterrent value.\1\ The Commission last
adjusted each CMP subject to its jurisdiction effective July 31, 2009.
(74 FR 38114, July 28, 2009).
---------------------------------------------------------------------------
\1\ Increased CMPS are applicable only to violations occurring
after the increase takes effect.
---------------------------------------------------------------------------
The inflation adjustment under the FCPIAA is to be determined by
increasing the maximum CMP by the cost-of-living, rounded off as set
forth in section 5(a) of that Act. The cost-of-living adjustment is the
percentage (if any) for each CMP by which the Consumer Price Index
(CPI) \2\ for the month of June of the calendar year preceding the
adjustment, exceeds the CPI for the month of June of the calendar year
in which the amount of such CMP was last set or adjusted pursuant to
law.
---------------------------------------------------------------------------
\2\ The CPI defined in the FCPIAA is the U.S. Department of
Labor's Consumer Price Index for all-urban consumers (``CPI-U''). 28
U.S.C. 2461 note (3)(3).
---------------------------------------------------------------------------
One example of an inflation adjustment is as follows. Section 13 of
the Shipping Act of 1984 (1984 Act), 46 U.S.C. 41107, imposes a maximum
$25,000 penalty for a knowing and willful violation of the 1984 Act
which was inflation adjusted in 2009 to $40,000. First, to calculate
the new CMP amounts under the amendment, we determine the appropriate
CPI-U for June of the calendar year preceding the adjustment. Given
that we are adjusting the CMPs in 2013, we use the CPI-U for June of
2012, which was 229.478. The CPI-U for June of the year the CMP was
last adjusted for inflation must also be determined. The Commission
last adjusted this CMP in 2009, therefore we use the CPI-U for June of
2009, which was 215.693. Using those figures, we calculate the cost-of-
living adjustment by dividing the CPI-U for June of 2012 (229.478) by
the CPI-U for June of 2009 (215.693). Our result is 1.0639.
Second, we calculate the raw inflation adjustment (the inflation
adjustment prior to rounding) by multiplying the maximum penalty amount
by the cost-of-living adjustment. In our example, $40,000 multiplied by
the cost-of-living adjustment of 1.0639 equals $42,556.
Third, we use the rounding rules set forth in Section 5(a) of the
FCIPAA. In order to round only the increase amount, we subtract the
current maximum penalty amount ($40,000) from the raw maximum inflation
adjustment ($42,556), equaling $2,556. Under Section 5(a), if the
penalty is greater than $10,000 but less than or equal to $100,000, we
round the increase to the nearest multiple of $5,000. Therefore, the
maximum penalty increase in our example is $5,000.
Finally, the rounded increase is added to the maximum penalty
amount last set or adjusted. Here, $40,000 plus $5,000 equals a maximum
inflation adjustment penalty amount of $45,000.
A similar calculation was done with respect to each CMP subject to
the jurisdiction of the Commission. In compliance with the FCPIAA, as
amended, the Commission is hereby amending 46 CFR 506.4(d) of its
regulations which sets forth the newly adjusted maximum penalty
amounts.
This final rule has been issued without prior public notice or
[[Page 37663]]
opportunity for public comment. Under the Administrative Procedure Act
(APA), 5 U.S.C. Sec. 553(b)(B), a final rule may be issued without
that process ``when the agency for good cause finds (and incorporates
the finding and a brief statement of reasons therefore in the rules
issued) that notice and public procedure thereon are impracticable,
unnecessary, or contrary to the public interest.'' In this instance,
the Commission finds, for good cause, that solicitation of public
comment on this final rule is unnecessary and impractical.
Specifically, the Congress has mandated that the agency
periodically make the inflation adjustments and does not allow for the
exercise of Commission discretion regarding the substance of the
adjustments. The Commission, under the DCIA, is required to make the
adjustment to the civil monetary penalties according to a formula
specified in the statute. The regulation requires ministerial,
technical computations that are noncontroversial. Moreover, the conduct
underlying the penalties is already illegal under existing law, and
there is no need to provide thirty days prior to the effectiveness of
the regulation and amendments to allow for affected parties to correct
their conduct. Accordingly, the Commission believes that there is good
cause to make this regulation effective immediately upon publication.
The Regulatory Flexibility Act (RFA), as amended by the Small
Business Regulatory Enforcement Fairness Act of 1996, 5 U.S.C. 801 et
seq., generally requires an agency to prepare a regulatory flexibility
analysis of any rule subject to notice and comment rulemaking
requirements, unless the agency certifies that the rule will not have a
significant economic impact on a substantial number of small entities.
Because the Commission has determined that notice and comment are not
required under the APA for this rulemaking, the requirements of the RFA
do not apply and no regulatory flexibility analysis was prepared.
The rule does not contain any collection of information
requirements as defined by the Paperwork Reduction Act of 1995, as
amended. Therefore, Office of Management and Budget review is not
required.
This regulatory action is not a major rule as defined under 5
U.S.C. 804(2).
List of Subjects in 46 CFR Part 506
Administrative practice and procedure, Penalties.
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. 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:
---------------------------------------------------------------------------
\3\ Application of the statutory rounding resulted in no
increase to these penalties.
\4\ Application of the statutory rounding resulted in no
increase to these penalties.
----------------------------------------------------------------------------------------------------------------
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 1,500,000 1,600,000
foreign shipping practices.
46 U.S.C. 41107(a)......................... Knowing and Willful violation/ 40,000 45,000
Shipping Act of 1984, or
Commission regulation or order.
46 U.S.C. 41107(b)......................... Violation of Shipping Act of 1984, 8,000 9,000
Commission regulation or order,
not knowing and willful.
46 U.S.C. 41108(b)......................... Operating in foreign commerce after 75,000 80,000
tariff suspension.
46 U.S.C. 42104............................ Failure to provide required 8,000 $9,000
reports, etc./Merchant Marine Act
of 1920.
46 U.S.C. 42106............................ Adverse shipping conditions/ 1,500,000 1,600,000
Merchant Marine Act of 1920.
46 U.S.C. 42108............................ Operating after tariff or service 75,000 80,000
contract suspension/Merchant
Marine Act of 1920.
46 U.S.C. 44102............................ Failure to establish financial 8,000 9,000
responsibility for non-performance 300 \3\ 300
of transportation.
46 U.S.C. 44103............................ Failure to establish financial 8,000 9,000
responsibility for death or injury. 300 \4\ 300
31 U.S.C. 3802(a)(1)....................... Program Fraud Civil Remedies Act/ 8,000 9,000
makes false claim.
31 U.S.C. 3802(a)(2)....................... Program Fraud Civil Remedies Act/ 8,000 9,000
giving false statement.
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By the Commission.
Karen V. Gregory,
Secretary.
[FR Doc. 2014-15533 Filed 7-1-14; 8:45 am]
BILLING CODE 6730-01-P
